Trans Claims and Sexual Consent Loopholes

A storm is brewing over new Crown Prosecution Service (CPS) guidelines, which some critics claim offer a loophole for sexual predators to evade justice by claiming transgender identity.

The guidance, intended to help prosecutors navigate cases involving “sex by deception,” has sparked outrage among women’s rights advocates, as reported by the Daily Mail.

🇬🇧‘GET-OUT-OF-JAIL-FREE CARD’? CPS BLASTED FOR SEX-BY-DECEPTION GUIDELINES IN THE UK

New CPS (Crown Prosecution Service) rules on sex-by-deception cases are under fire for potentially letting predators avoid prosecution by claiming they’re transgender.

Critics argue the… pic.twitter.com/EjboGLPZaZ

— Mario Nawfal (@MarioNawfal) December 26, 2024

Celebrate Trump’s Historic 2024 Victory with the Exclusive Trump 47th President Collection!

The controversial guidance outlines various reasons why transgender individuals might withhold their birth sex, including fear of stigma, relationship breakdowns, or social exclusion.

It even acknowledges that some may feel compelled to hide their biological sex to meet the two-year requirement for a Gender Recognition Certificate.

However, women’s rights campaigners argue that predators could exploit such leniency.

Maya Forstater, co-founder of the women’s rights organization Sex Matters, didn’t mince words stating that this guideline “suggests people may avoid a conviction for sexual assault based on deception if they say they are transgender.”

“A person who fails to be clear and honest about their sex when seeking a sexual relationship is behaving in a way that is at a minimum creepy and may, at worst, be engaging in assault.”

The current law is sex by deception and people who have lied about their sex to their partners could be held accountable under it.

CPS want to change it to be in line with what Stonewall actually campaigned for: pic.twitter.com/czewfpkP1u

— fickleskittle (@fickleskittle) September 27, 2022

She further criticized the CPS, saying, “If there is a complaint of rape or sexual assault by deception, this guidance offers the suspect a get-out-of-jail-free card – namely declaring they are trans.”

Forstater’s concerns aren’t unfounded. Last year, Cambridge Crown Court sentenced Blade Silvano to ten years in prison after she was found guilty of sexually assaulting her female partner under false pretenses.

Silvano had posed as a man, using a blindfold and a sex toy to deceive her partner during intimate encounters.

Critics argue that the new CPS guidance would make similar prosecutions more difficult.

The document states, “A person whose gender identity isn’t the same as their sex may express their gender through their speech, dress, gestures, mannerisms etc, without this being a fabrication, a performance or a deception.”

Forstater isn’t alone in her concerns. Many women, particularly lesbians, report encountering biological men on dating apps who identify as women. They worry the new guidelines could embolden such individuals to deceive others without fear of legal repercussions.

The CPS maintains that the guidance is necessary to address “rare cases where this may have occurred.”

Siobhan Blake, Chief Crown Prosecutor and national lead for rape and serious sexual offenses, called the issue a “highly sensitive area of law” and emphasized the importance of providing clear direction to prosecutors.

Yet, critics aren’t buying it. Forstater and others argue the guidelines prioritize ideological concerns over legal standards of consent, potentially putting vulnerable women at greater risk.