Police in Scotland criticised for allowing rapists to disclose their gender identity themselves

Members of Holyrood's Citizen Participation and Public Petitions Committee received a written statement from Police Scotland following a petition submitted in 2021 by all-female policy analyst Murray Blackburn Mackenzie (MBM).

Analysts expressed concern that an offender who identifies herself as female would be recorded as a woman in crime statistics – even though the legal definition of rape includes penetration with a penis.

A petition called on MPs to “call on the Scottish Government to require Police Scotland, the Crown Office and the Scottish Court Service to accurately record the gender of people accused or convicted of rape or attempted rape” – describing this as a “moral obligation” and necessary to ensure “confidence in official statistics”.

Since 2021, MSPs have collected evidence from the public bodies involved as well as the Lord Advocate, and the petition remains “under review”, The Herald reported.

In January, the committee wrote to Scottish Police demanding “a clear explanation of the extent to which its policy on recording the gender of offenders is consistent with the organisation’s values” – according to MBM, this was already the fourth request.

In a response submitted in March, Scottish police said that “the determination of the gender of persons who come into contact with the police will be based on their appearance or self-declaration”.

However, Dr Kath Murray of MBM called this “statistically incoherent” and responded on X, formerly known as Twitter.

In a letter, Scottish police referred to “legal compliance, operational needs and the values ​​of respect, integrity, fairness and human rights while promoting a strong sense of community,” the Herald reported.

It goes on to say: “Police Scotland will not require any evidence or certification other than a person's self-declaration as proof of sex or gender identity, unless it is relevant to an investigation with which the person is connected as a victim, witness or accused and it is probative that we are legally required to require this evidence, or there are grounds for further investigation based on the risk.”

The police said their approach would be guided by the Scottish Government's ongoing review of sex and gender data collection.

A statement from MBM said: “There is no 'legal' requirement for Police Scotland to allow men accused of rape to be registered as women. Nor are we aware of any 'operational need'.”

“We believe that this approach is morally unacceptable and reflects an organization that does not take women's interests seriously.”

It continued: “After three years, we hope that Police Scotland will now be called upon to give oral evidence to explain this totally unjustified and deeply offensive policy.”

Last year, trans rapist Isla Bryson was found guilty of attacking two women in a trial at the High Court in Glasgow and sentenced to eight years in prison in February 2023.

The decision to place Bryson in the all-female Cornton Vale prison sparked an outcry; they were later transferred to HMP Edinburgh.

The attacks were committed while Bryson was living under the name Adam Graham and was arrested and charged as a man. However, he engaged in sexual intercourse while in custody.

Bryson first appeared in court in 2019 under the name Adam Graham, but was identified in 2020 court records as Isla Annie Bryson, formerly known as Adam Graham.

Lisa Mackenzie, a member of the MBM group, told The Herald: “The current policy means that men accused of rape or sexual offences can be registered as women.”

“Police Scotland's claim that this promotes a 'strong sense of belonging' is deeply offensive. It suggests an organisation that does not take women's interests seriously.”

In a statement, For Women Scotland told the newspaper: “We were beyond shocked and dismayed by the treatment of the victims by the Scottish justice system.”

“We never expected that Scottish police would place a rapist's 'strong sense of belonging' above the law, as set out in last year's Court of Session judgment, nor above the impact of such a grotesque lie on women who have already suffered so much at the hands of an abuser.

“This is a gross insult to all women who are told, without irony, that some of the most violent men in society want to 'belong' to the gender they target and that we must accommodate them and confirm their delusions.”

A Scottish Police spokesman said: “Gender identification of people who come into contact with the police will be based on their appearance or self-declaration.”

“Police Scotland will not require any evidence or certification other than a person's self-declaration as proof of sex or gender identity unless it is relevant to an investigation with which the person is connected as a victim, witness or accused and it is probative that we are legally required to require this evidence, or there are grounds for further investigation based on the risk.”

A spokesman for Holyrood's Petitions Committee said: “The committee considered the petition earlier this year and agreed at this meeting to write to Police Scotland.”

“The committee will review the petition again and then decide what further steps it wishes to take next.”