Quote Originally Posted by Ozyhibby View Post
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Of course that works both ways. Even on this thread we see support for the bill characterised as favouring rapists and sex offenders over women.


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I'm not sure that's the case.

There are huge chunks of the bill I find myself broadly supportive of but the failure to put safeguards in place around sexual offences is hugely problematic and the legitimate concerns of a number of women can't just be dismissed. That's not suggesting those who feel differently favour rapists but the bill potentially does, inadvertently of course.

It's an issue that will impact such a minority that it really should be a no brainer to put the safeguard in place. It's something that won't ever impact on and thus discriminate against almost the entirety of the trans population. The point remains though that under the current bill a rapist could potentially legally change their gender and as such be tried as a woman. Female rape is such a grey area legally in Scotland that there is potential they could then be subject to a lesser charge. That's wrong by any measure. Of course it would be challenged but the judiciary don't write the law, only interpret it. If the bill passes as is then their hands could well be tied. I daresay a counter challenge would argue trying someone legally identified as a female as a male was discriminatory.

That's such a niche issue, such a hypothetical that it would be smart politics and a sensible compromise to put a legal safeguard in place to stop it ever occuring. The opportunity to do so was missed last night.