Scotland: Case of trans man facing jail for sex ‘by fraud’ raises concerns of Scottish Transgender Alliance

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The case of a Scottish trans man facing jail for failing to inform two of his girlfriends about his gender dysphoria has raised the concerns of the Scottish Transgender Alliance, who say they “strongly oppose” the implication that trans people can be criminalised for not revealing their gender history to partners.

Chris Wilson, a trans man from Aberdeen, admitted that he had failed to tell two girlfriends his gender history or his real age, and that he had kissed one of them and had sex with the other.

The case was further complicated by the fact both women were possibly underage at the time. One, a 15 year old, had told Wilson she was 16 while Wilson, 20 at the time, had told her he was 17.

On 6 March he was sentenced for ‘obtaining sexual intimacy by fraud’.

Wilson has been placed on the sex offenders’ register and faces jail time, which has been deferred.

Concerns have been raised that the case means trans people who choose not to reveal their history to their partners could face prosecution, should their partners find out about it later and choose to press charges.

Equal rights campaigner the Scottish Transgender Alliance (STA) have launched a petition to tell the Scottish Crown Office that is is “unacceptable to criminalise trans people for simply living in accordance with their gender identity and not revealing their gender history to a sexual partner.

“We are shocked and appalled that such unwarranted criminalisation of trans people may occur in Scotland. Scottish public bodies should be upholding the equality and human rights of people with the protected characteristic of gender reassignment, not placing them into a severe state of fear and alarm.”

They added: “The Scottish Transgender Alliance is very concerned about this case and the message the Crown Office and Procurator Fiscal Service is sending to trans people. The Scottish Transgender Alliance strongly oppose any criminalisation of trans people for not revealing their gender history to sexual partners.”

STA said they hoped to meet with the Crown Office and Procurator Fiscal Service to clarify its position on trans people and their sexual partners.