Police Scotland boss gives trans rapists recording update in wake of Isla Bryson case furore
Police Scotland says it would never record a male rapist as female, even if they identify as a trans woman
A top Scottish cop says the public should be “absolutely assured” that a man convicted of rape will be recorded by police as male.
Police Scotland’s Deputy Chief Constable Ian Spiers has written to a Holyrood committee saying officers would never record a male rapist or sex offender as female, even if they identify as a trans woman.
However, Mr Spiers said the force had been left in a difficult position because neither the Scottish nor UK parliaments had set out a “clear position around the legal status of the concept of gender recognition”.
In a letter to the criminal justice committee, Deputy Chief Constable Spiers said: “A point was raised during First Minister’s Questions, which suggests a male rapist can demand to be called a woman and further traumatise his victim - this would not happen.
“The committee should be absolutely assured that a man who commits rape or serious sexual assault will be recorded as male. There is no instance or record on police systems of a male having been arrested and charged with rape whose gender has been recorded as female. This has not happened.”
Mr Spiers sad DNA samples were taken from those charged or convicted of a serious sexual assault, which is used to determine that person’s biological sex.
He said: “This profile, and biological sex, is retained on the Scottish DNA database and is available to be searched against crime scene samples to aid historic and future investigations.”
The update was issued after there was a widespread public backlash to the case of Isla Bryson. Bryson, who identifies as a trans woman, was jailed for eight years after raping two women while living as a man called Adam Graham.
Bryson was initially remanded to Cornton Vale women’s prison after being found guilty, but following a heated debate was moved to a men’s facility.
The case led to a change in policy that now means newly-convicted or remanded trans prisoners will initially be placed in a jail according to their birth sex, and all those born male with a history of violence against women will be housed in a male prison.
In its letter, Police Scotland said it recognises gender self-ID is a “sensitive area” of public policy. But the force said its policy on gender recognition is based on “integrity, fairness, respect and upholding human rights”.
The letter added a person’s gender identification “does not supersede” a person’s safety and wellbeing.
However, in his letter Mr Spiers emphasised trans prisoners were “rare”. He said: “The frequency with which officers and staff are likely to encounter circumstances requiring consideration of this policy are rare.
“It is of note that in 2022, Scotland’s census found that 19,990 people were trans or had a trans history. This is 0.44 per cent of people aged 16 and over, illustrating the rarity of these particular circumstances.”
Police Scotland said recording a person’s gender was “not relevant” in the majority of crimes.
Rachael Hamilton MSP from the Scottish Conservatives said this is a “significant” change in policy.
She said: “The self-ID policy, which the Scottish Conservatives were the only party to oppose, has become rooted in numerous Scottish Government bodies in recent years.
“We need to know that this belated victory for common sense will now be embedded in Police Scotland, the wider justice system, and indeed all public bodies.
“The safety and protection of women and the safeguarding of single-sex spaces must always come first.”
The Scottish Government has been approached for comment.