Criminal suspects able to ‘self-identify’ gender to police without evidence
Criminal suspects can selfidentify their gender without providing evidence of their birth sex to police, the justice secretary has said.
Humza Yousaf said Police Scotland required no evidence of gender other than a person’s self declaration unless it was “pertinent” to a criminal investigation they were involved in.
SNP MSP Joan Mcalpine, who asked a question on the issue at Holyrood yesterday, said the justice secretary’s answer would leave many people “shocked” and could lead to concerns over the accuracy of recorded crime statistics.
Asked whether Police Scotland and the courts record incidents based on a suspect’s birth sex or by self-declaration, Mr Yousaf said: “With regard to victims, witnesses and suspects, Police Scotland and the Scottish Courts and Tribunals Service record incidents according to a person’s self-identified gender.
“Police Scotland require no evidence or certification as proof of gender identity other than a person’s self declaration.
“Unless, and I think it’s important to emphasise this, it’s pertinent to any criminal investigation with which they are linked and it is evidentially critical that Police Scotland legally require this proof.”
Ms Mcalpine responded: “I thank the cabinet secretary for that answer, but I think many people will be shocked to hear it.”
She said research had shown male offending remained the same even if men self-declare themselves to be women and said criminologists had expressed concerns about “misleading” data.
Mr Yousaf said there was no pattern of men self-identifying as women “to either commit sexual offences or indeed to manipulate statistics”. But he said he was willing to look at the issue in more detail.
Richard Garside, director of the Centre for Crime and Justice Studies, said: “It’s really important that crime statistics are based on objective criteria, independent of the persons subjective views and feelings. Classifying according to birth sex, rather than subjective feelings about the self, should therefore be the norm.”