With obvious parallels to the case in the Middle East just a few weeks ago, a rather worrying news story has appeared on BBC News. The headline, “Woman faces sex by fraud charges“, doesn’t sound too bad but the first paragraph is somewhat more chilling for anyone Trans…
A 25-year-old woman has appeared in court accused of tricking two women into sexual contact – by pretending to be a man.
Firstly, the obvious: a “woman pretending to be a man” could well be a transman but however they identify, it’s likely they’re on the Trans spectrum somewhere.
Secondly, even after an hour of searching through statute and case law, I can’t figure out what the person accused of this offence is actually guilty of. The case is in Scotland which has different laws from England and Wales and there is a history of “Rape by Deception” in case law, but nothing I can find written down. (If it was England or Wales, it would probably be Section 36 if the other party had mental health troubles) The article says the other people involved “cannot be named for legal reasons”, which would suggest something unusual.
It may be that it’s been misreported by the BBC and the “deception” isn’t relevant to the actual offence but whatever the specifics, this is quite worrying.