Posts Tagged ‘sexual offences’


Alex Sharpe is a professor at Keele University School of Law. She has been involved in transgender law reform and activism for over twenty years, and has written extensively on the criminalisation of so-called ‘gender fraud’ under the Sexual Offences Act. Alex has recently been interviewed by CBC Radio Canada on the Gayle Newland case, together with Professor Madden Demsey. Her interview can be found here.

On 15th September, Gayle Newland was convicted of three counts of sexual assault under the Sexual Offences Act 2003. She is currently awaiting sentence, though a custodial term has been indicated. The case is the latest in a series of so-called, and so far successful, ‘gender fraud’ based prosecutions that have come before English (R v Barker [2012] (unrep); R v McNally [2013] EWCA Crim 1051) and Scottish (R v Wilson [2013] (unrep)) courts. Barker and McNally received significant custodial sentences[1] and all convicted defendants have been placed on the Sexual Offenders Register for life.

Most of the media and legal coverage of the Newland case, like the cases of Barker, McNally and Wilson before it, has tended, unproblematically, to reproduce a fraud narrative, rather than challenge the ideological underpinnings of a worldview that makes fraud such an easy conclusion for courts and juries to draw. Of course, prosecution for ‘gender fraud’ is deeply troubling for other reasons. In the first place, prosecutions can be viewed as a significant example of criminal law overreach. That is, and irrespective of where we determine consent to end or deception to begin, the use of the criminal law to regulate deceptive, as opposed to coercive, sexual relations, can be viewed as an overly draconian and counter-productive measure. (more…)

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-SmAr8J0Clare McGlynn is a Professor at Durham Law School and tweets at @McGlynnClare. Julia Downes is a Research Associate at Durham Law School and tweets at @juliahdownes.

Paul Appleby – an ‘upskirt pervert’ – was caught taking a photo up a woman’s skirt as she shopped in Poundland in December 2014. Despite over 9,000 similar images being found on his mobile phones, and a previous conviction for a ‘similar matter’, he could only be convicted of two counts of ‘outraging public decency’ and avoided a prison sentence. Unfortunately, Appleby is not alone in taking advantage of modern technology to collect intimate images of women taken in public and without their consent – commonly referred to as ‘upskirting’ and ‘downblousing’. Andrew Mackie took photos of women in bus stations, shopping centres and on trains; the barrister Simon Hamilton secretly filmed up the skirts of women in supermarkets; Guy Knight took photos up women’s skirts on trains during his regular commute to work.


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