R v McNally
A recent BBC short documentary discussed the ethics around disclosure of biological sex to persons with whom you are engaged in sexual activity. Nowhere in that documentary was any reference made to laws around sex by deception. Before I cover that documentary let us look at the conviction of a female who posed as a male and engaged in sexual activity with a female.
Here is the transcript of an appeal against sentence which outlines details of the offence and the legal judgement.
McNally v R. [2013] EWCA Crim 1051 (27 June 2013)
The judgement sets out the details as follows: The appellant was a 13 year old female and posed as a boy on the internet. ’M’ was also female. They communicated by messenger and over the following three years discussed getting married and starting a family and engaged in phone sex. They agreed to be in an exclusive relationship which culminated in ”Scott” visiting ’M’ just after her 16th birthday.
‘Scott’ arrived in London, presenting as a male with a dildo in her trousers to give the appearance of having a penis. There were four more visits and sexual activity took place.
Finally ‘M’s mother confronted Scott about his biological sex:
“Scott” had pleaded guilty to the offences so the appeal claims she was badly advised and did not realise it was incumbent on the Crown to prove that ’M’ did not know she was female. The legal advisors, from the first court case denied this and stated that ’Scott’ was told he could offer this as a defence but the fact that ’M’ had purchased condoms would be revealed to the jury who would have to judge who was telling the truth:
Following this advice “Scott” added the following to her statement and pleaded guilty.
The judge details the legal definition of sexual offences as set out in the Sexual Offences Act 2003.
The relevant excerpt is section 74.
The judgement considers other cases where arguments were made which vitiated the issue of consent. These include a sexual partner that did not reveal HIV status, lying about being post vasectomy so a condom was not deemed necessary, removing a condom without the partner’s knowledge, ejaculating inside a partner after being asked not to do so. The judgements on these issues were mixed.
The Judge, in this case, dismissed arguments, which are still used today, to justify lying about your sex vitiates. One of the is indeed to imply that convicting people for lying about something as fundamental as your sex, is equivalent to ”curating” your dating profile by exaggerating, for example, your wealth.
Therefore deception as to ”gender” can vitiate consent. ‘M’ was deliberately deceived into thinking she was having sexual activity with a male. Therefore she did not ”freely consent” to sex.
There are a few other cases of prosecutions for similar offences and, where deception about your biological sex is concerned, those who have been prosecuted in the U.K seem to be all female.
There is the case of Gayle Newland covered, along with this case and others, by The Secret Barrister here: 👇
This paragraph jumped out at me:
You can also read of earlier cases on Stephen Whittle’s blog. Whittle is a trans-identified female and a proponent of Gender Identity Ideology.
Alex Sharpe, another trans-identified legal bod, this time male, has written an entire book on this topic. You can read an article, written by Sharpe, here:
Sharpe argues that by singling out action based on “Gender Identity” we are fuelling ”transphobia. What Sharpe doesn’t use is the phrase “biological sex“ . SEXual orientation is a legally protected characteristic in law and it is based on SEX! You may be open to sexual encounters with either sex but if you are exclusively attracted to one sex, only, you have the legal right for your boundaries /consent to be legally protected.
Trans ally in the tweets. Terf between the sheets.
What Alex is demanding is that we accept a belief that people can literally change sex. The proposition here is that we should not allow these prosecutions if “we accept a trans man is a man” . However that essentially demands societal acceptance that a personally held ”Gender Identity” is privileged above the material reality of biological sex. I don’t accept that a ”transman’ is literally a man and a gay man is highly unlikely to do so! Trans-allies in the tweets are often “Terfs” between the sheets.
Dare I say, this is incel logic. Nobody has a right to sex. We could certainly examine why the prosecutions are all female. We could raise questions about internalised homophobia or why it is so hard for these women to be openly ”Lesbian”. We could discuss whether the length of the prison sentences are excessive, in some cases. What we cannot do is privilege a, subjective, sense of self over reality. Lying about something so fundamental, to most people, if they are honest, is not merely unethical. It is a criminal offence.
Which brings me to part two of this series. Why did the BBC not point out the law in a recent documentary short which allowed a discussion about non-disclosure of your sex, to partners?
There are huge foundations funnelling billions into the spread of Gender Identity Ideology. If you can help offset the disparity by donating for my content. Friends of my work can do so here:
Researching Gender Identity Ideology and the impact on women’s , sex based, rights as well as the medical transitioning of vulnerable, often gay, youth.
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