Chief Constable Jo Farrell said the national force will now ensure that the biological sex of anyone accused of rape is accurately recorded, rather than relying on self-declared gender. Under Scottish law, only men can commit rape, but until now, Police Scotland recorded the sex of individuals based on how they presented themselves.
Farrell acknowledged there had never been a confirmed case of a rapist being incorrectly recorded as female, but admitted that the force had sent mixed messages on the issue over the years. She emphasised that the priority is to protect victims and maintain accurate records.
“A man who rapes or attempts to rape a woman, girl, or any other victim is, should be, and will be, recorded by Police Scotland as a male,” Farrell told MSPs. She added that her decision followed intense public debate over gender identification and the inconsistencies in police messaging.
The policy shift comes in the wake of the Isla Bryson case. Bryson, previously known as Adam Graham, was convicted of rape and later legally changed their gender to female. Bryson was initially placed in a female prison and referred to as a woman during the trial, sparking public outcry and contributing to political controversy.
Police Scotland is updating its data recording systems to separately capture a person’s biological sex and transgender status. This review began last year and took into account a Supreme Court ruling that defines sex by biology under UK equalities law. Farrell described the work as being at an advanced stage and moving forward rapidly.
This change aligns Police Scotland with other bodies that are moving away from aspects of gender self identification, which treats declared gender as sex. Similar reforms have been made to transgender search policies and the use of female facilities.
Murray Blackburn Mackenzie, the group that petitioned the police, welcomed the announcement but criticised the delay. “It should not have taken so many years of pressure and scrutiny for the force to act,” the organisation said. They called the move a clear standard for other forces to follow and a step toward consistent, reliable data in criminal investigations.
