JK Rowling has characterised a Scottish policy in which police can record a rape as being committed by a woman if the attacker “identifies as a female” as Orwellian.
Police Scotland confirmed that they would log rapes by offenders with male genitalia as being carried out by a woman if the accused identified as being female, regardless of whether they had legally changed gender.
The policy is again under the spotlight after Kenny MacAskill, the former SNP justice secretary, asked how the force would deal with rapes under new laws to make it easier for people to self-identify as a different gender.
Gary Ritchie, the assistant chief constable at Police Scotland, said there were a number of scenarios where a rapist could be recorded as a woman, including when “a person, born male but who identifies as a female and does not have a full gender recognition certificate” commits the attack.
The Sexual Offences (Scotland) Act 2009 defines rape as non-consensual penetration with a penis.
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In a nod to George Orwell’s 1984, J K Rowling tweeted: “War is Peace. Freedom is Slavery. Ignorance is Strength. The Penised Individual Who Raped You Is a Woman.” Rowling was mimicking the novel’s “doublethink”, the ability to hold two opposing ideas in one’s mind simultaneously, designed to prevent citizens from thinking rationally and from challenging the state.
The Harry Potter author, who lives in Edinburgh, has previously been vocal about the expansion of trans rights and opposes moves to allow individuals to self-identify their gender.
Some on social media described her latest remarks as “transphobic” and upsetting and disappointing, while others praised Rowling for speaking out.
MacAskill, the MP for East Lothian, who defected to Alex Salmond’s Alba party in March, described Police Scotland’s stance as dangerous.
“As a lawyer for 20 years and justice secretary for almost eight, I’ve seen some legal absurdities,” he said.
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“But this tops it all and is dangerous. It’s physically impossible and is about dogma overriding common sense. Women prisoners are being harmed by this and vital crime statistics rendered useless.”
Detective Superintendent Fil Capaldi said: “The sex/gender identification of individuals who come into contact with the police will be based on how they present or how they self-declare, which is consistent with the values of the organisation.
“Police Scotland requires no evidence or certification as proof of biological sex or gender identity other than a person’s self-declaration, unless it is pertinent to any investigation with which they are linked.”