Scottish Conservative MSPs are working with SNP MSPs who rebelled against the party whip to vote against the Gender Recognition Reform (GRR) Bill.
Russell Findlay MSP and the SNP’s Michelle Thomson have submitted a joint amendment to the GRR Bill, which would prevent rapists and other sex criminals from seeking to change gender while awaiting trial.
The Scottish Conservative community justice spokesman has also submitted similar amendments to prevent those awaiting trial for domestic abuse and fraud from seeking a Gender Recognition Certificate.
Speaking toThe Timestoday (Tuesday), Michelle Thomson said: “The proposed legislation allows a sexual predator or rapist who has been charged but not yet convicted of a sexual offence to be able to apply for a gender recognition certificate.”
She continued: “If certification is granted, this could require their victim during any subsequent court case, to refer to their attacker as ‘she’. Were it me, and as someone who has spoken openly of being raped at aged 14, I would consider this deeply offensive and re-traumatising.”
Scottish Conservative community safety spokesman, Russell Findlay MSP, said: “I welcome the opportunity to work constructively with Michelle Thomson who shares my concerns about the threat of sex criminals exploiting the bill as it's currently drafted.
“Our joint amendment will seek to ban alleged rapists and other sex criminals who are awaiting trial from seeking a GRC until their case has concluded.
“Our proposal would not limit trans rights in any way, but would solely act as an important block on those who would seek to exploit this legislation.
“We cannot end up in the perverse situation where a male-bodied rapist is referred to as ‘she’ or ‘her’ in a court.
“I was not assured by the answers given when I previously asked a senior police officer and the justice secretary about this.
“The reality would be that an alleged rapist with a GRC would be legally entitled to be addressed as ‘she’.
“Fixing this should be uncontentious – it would be no different to bail conditions which are set by courts every day of the week. It’s not unchartered territory.”
Notes
The full text of the amendment is below:
[SP251] After section 4, insert— <Paused applications
After section 8C of the 2004 Act (inserted by section 4) insert—
“8CA Paused applications
(1) This section applies where an application under section 8A(1) is made by a person who has been charged with a sexual offence listed in schedule 3 of the Sexual Offences Act 2003,—
(2) Where subsection (1) applies, the Registrar General for Scotland must not grant an application under section 8A(1) until such time as the case against the applicant has been disposed of.”.>