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Archive for the ‘Criminal law’ Category

IB imageSnapshots of law, gender and sexuality news from the past couple of weeks.

The LGBTQ+ Community and “Gay Conversion Therapy”

William Lee, University of Manchester

Malta made history on the 7th December 2016 when the Maltese Parliament unanimously approved the Affirmation of Sexual Orientation, Gender Identity, and Gender Expression Bill. Among other things, the Bill criminalises “gay conversion therapy”, giving legal recognition that for the position that “no sexual orientation, gender identity or gender expression constitutes a disorder, disease or shortcoming of any sort”. This thereby relieves the LGBTQ+ community of potentially being subjugated to any “deceptive and harmful” act designed to change their sexual behaviour or gender identity.

The new Act in effect positions Malta as the first European country to ban “gay conversion therapy”.

The Business Insider states that Malta has been at the forefront of progressive social reforms in Europe since the Labour government was elected in 2013. For that, Malta quite comfortably deserves its ranking of being the best European country for LGBTQ+ rights as deemed by the European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA- Europe).

In light of such radical progress in Malta, this post will look briefly at the origins of “gay conversion therapy”. It will also briefly outline the United Kingdom (UK) and American’s current stance in regard to this practice. (more…)

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IB imageSnapshots of law, gender and sexuality news from the past couple of weeks.

H&M’s 2016 Autumn Collection: a step forward for feminism?

Begüm Elif Yılmaz, University of Manchester

A recent H&M film advertisement for the fashion company’s 2016 Autumn Collection has been the centre of attention for feminists on the web in recent weeks. The ad seems perfect on the surface. With the song “she’s a lady” playing in the background, it is made up of footage of a host of ‘real’ women enjoying their lives. The apparent aim of the advert is to challenge people’s understanding of what being a lady really means and to celebrate those women who do not conform to the gender standards of society. In short, the advertisement highlights the important idea that all women are still women regardless of what they look like, where they come from, what they do and how they do it. It includes a trans woman, a woman in a restaurant picking her teeth with her fingers, a curvy woman in her underwear comfortably admiring herself in the mirror, a woman with an unshaven armpit enjoying junk food, a woman with a shaven head, a strong executive directing a meeting, a proud androgynous woman who would traditionally be ridiculed for her so-called “masculinity”, an older woman and a woman in an empty subway spreading her legs. These women come from various backgrounds, making the advertisement not just a feminist one, but also one that adds a broader diversity element to the conversation. Challenging the societal norm that women can and ought to only have a specific look and possess a certain collection of traits, this advertisement seems to reflect a deeply progressive presentation of modern women. Almost all women have been warned at least once in their lives for doing something “inappropriate” because it is “unladylike”, and as such the new advert’s overarching theme seems to be largely positive.

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IB imageXiyu Zhu and Adeline Chow are two undergraduate students at Durham Law School. Here they review a seminar given by Professor Alex Sharpe in May 2016.

Professor Alex Sharpe from Keele University addressed sexual offence prosecutions based on “gender fraud” in the context of cis-trans sexual intimacy in her recent talk at Durham University. In the seminar, organized by GLAD (@DurhamGLAD), she discussed successful sexual offence prosecutions brought against young transgender men over the last four years. In these cases, the female cisgender partners, allegedly, were unaware of the defendants’ gender histories. Sharpe challenges the legitimacy of “gender fraud” prosecution, questioning the underlying cisnormative assumptions that ground it, and critiques criminalization as a legal response. (more…)

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YRYvette Russell is a Lecturer in Law at the University of Bristol. 

On July 13, 2016 Nottinghamshire police became the first force in the UK to recognise misogyny as a hate crime.  Hate crime is defined as ‘any criminal offence which is perceived, by the victim or any other person, to be motivated by hostility or prejudice based on a personal characteristic’. In practical terms, this means that in Nottinghamshire police can record reported incidents such as wolf whistling, verbal abuse, taking photographs without consent, and using mobile phones to send unwanted messages with an additional ‘flag’ or qualifier on their incident log as hate crime.  It appears that the move is largely symbolic, as gender animus is not a relevant aggravating factor for the purposes of sentencing under relevant UK ‘hate crime’ legislation,[1] and does not create any new criminal offences.  However, the initiative has been supported by the force working in partnership with the Nottingham Women’s Centre and has involved the specialised training of officers to better identify and respond to the public harassment of women by men. (more…)

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10689909_1016854768344392_8793741729286128967_nAlex Sharpe is Professor of Law at Keele University.

Over the last couple of years, I have written a series of articles addressing the issue of so-called ‘gender fraud,’ and opposing criminal prosecution on this basis. As recently as December of last year, I sought to take this prosecutorial practice to task in the context of the conviction of trans man, Kyran Lee, and before that Gayle Newland, whose eight year sentence shocked the nation.

I concluded the Kyran Lee piece with an ethical call, a plea for cisgender people to protest more vociferously regarding state intrusion into the lives of trans and gender queer people on the basis of a deception claim. I entertained the hope that the next witch hunt waiting to happen might be averted. Sadly, that hope has proved forlorn. Instead, it would seem that we are, much like Bill Murray, caught in a perpetual Groundhog Day – a cis and heteronormative ground zero. (more…)

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erikar-SmAr8J0Clare McGlynn and Erika Rackley

Over the last few years, we have become very familiar with the term ‘revenge porn’ to describe the growing phenomenon of vengeful ex-partners distributing private, sexual images without the consent of their former partners. In recognition of the humiliation, distress and real pain this practice causes, countries across the world, including England & Wales, have introduced new criminal laws to try to deter and punish such behaviour. And Scotland is currently debating whether to reform its law.

However, while the language of ‘revenge pornography’ has certainly worked to secure the attention of the media and policy-makers, it’s time for new terminology: image-based sexual abuse.

Image-based sexual abuse better captures the nature and harms of the non-consensual creation and distribution of private sexual images. Unlike ‘revenge porn’, it captures both the broad range of practices being challenged and to convey the nature and extent of the harms suffered by victims.

What’s in a name? (more…)

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10689909_1016854768344392_8793741729286128967_nAlex Sharpe is a professor at Keele University School of Law.

Yesterday, the government’s Women and Equalities Commitee released its long-awaited report on transgender equality[1] The report is generally very positive in identifying a range of serious problems faced by transgender people and in making some important recommendations (especially in relation to healthcare provision, prison reform, depathologisation, and legal recognition of trans youth (16/17 year olds) and non-binary people). However, the committee side-stepped the important issue of prosecutions for ‘gender fraud,’ despite receiving written submissions on this subject. Accordingly, an important opportunity to address the travesty of such prosecutions has been missed.

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