Police chief says force will always record rapists as men

Chief Constable Jo Farrell told MSPs she wanted to clear up "confusion" about the force's gender identity policy

All rapists will be recorded as men by Police Scotland, Chief Constable Jo Farrell has confirmed.

Giving evidence to Holyrood's public petitions committee, she said she wanted to clear up "confusion" about the force's policy on gender identity.

Ms Farrell said that a man who rapes or attempts to rape any victim "is, should be and will be" registered as a male.

She added that gender self-identification was a "complex" issue and that the debate had "evolved over a number of years".

The Police Scotland chief said that while the force had been recording the biological sex of offenders in sexual crimes and rape cases since 2018, a decision had been taken last month to "expand that across all crimes".

Work is now under way on police systems to enable this to be done, she added.

She said that while any male offender or suspected offender would be recorded as a man, the force would "seek to engage" with them thereafter in their preferred gender identity.

In 2019, Police Scotland set out a position that the force would record the sex or gender identity of a person based on self-declaration - unless the sex or gender was deemed to be relevant to an investigation, or further inquiries were necessary on the "basis of risk".

Under Scots law, rape involves the penetration by a penis without consent.

Ms Farrell told the committee that there had been no instances of biological male rapists who self-identified as women being recorded as female in police statistics compiled since 2018.

However, she said that once a rapist or suspected rapist had been recorded as a man, the force "would seek to engage with them in the identity that they want to be known".

Independent MSP Fergus Ewing asked if that stance could "inadvertently" lead the Scottish Prison Service to conclude that it was safe for a biological male to be housed in a female prison.

Ms Farrell said she could not comment on the treatment of perpetrators by other justice agencies.

Isla Bryson was jailed in 2023 after being convicted of rape

MSPs referenced the case of rapist Isla Bryson - who in 2023 was remanded in a women's prison before being moved to a men's facility.

After initially being charged as Adam Graham, Bryson self-identified as a woman while awaiting trial.

That controversy came during debate over Scottish government proposals to make it easier for people in Scotland to change their legally-recognised sex. The bill was shelved by Scottish ministers after being blocked by the UK government.

Ms Farrell said Police Scotland's policy had taken account of a Supreme Court judgment on the definition of a woman in April.

The court unanimously ruled that a woman is defined by biological sex under equalities law.

Holyrood's petitions committee had been considering Police Scotland's policy since 2021, when Kath Murray, Lucy Hunter Blackburn and Lisa Mackenzie - the founders of think tank Murray Blackburn Mackenzie - raised concerns about offenders who were born male but identify as female in crime statistics.

The petition argued that this could lead to inaccurate crime figures.

'Victory for common sense'

The petitioners said: "We are pleased that Police Scotland has moved to support our petition, and the wider principle of accurately recording sex across all crime types, as well trans status where relevant."

They added: "Recognising the need for consistent, reliable data and the moral imperative underpinning our petition, the chief constable has now drawn a line under the confusion in this area, and set a clear standard for other police forces to follow."

Scottish Conservative equalities spokesperson Tess White said: "This is a victory for common sense – but it's taken far too long for Police Scotland to get to this position."