"Sexual Deception," "Informed Consent," and Rape.
Not understanding or possibly not comprehending the concept of informed consent.
See page 31 for this organization’s program on laws involving “Sexual deception” and trans individuals (Link below). It seems that for Stonewall, a UK, organization, the concept of “informed consent” isn’t well understood. If the person in which the trans person is having sex with doesn’t know that the person was trans they didn’t have informed consent. Doesn’t really matter whether or not they had surgery or what type. If I don’t know what the facts are or know what the situation is, then I am not informed and as such I can’t give informed consent. It doesn’t matter if I made a bad assumption or presumption, I am not informed in regards to a very important decision of giving consent.
https://www.stonewall.org.uk/system/files/a_vision_for_change.pdf
When someone has sex with you because you gave uninformed consent, I think it is rape.
This section on “Sex by Deception” is in a section of the report in which it states that the laws protecting trans are “outdated.” This is an area in which Stonewall is concerned as to being outdated. The section in the paper on Sex By Deception is as follows. On page 31.
SEX BY DECEPTION
Recent ‘sex by deception’ cases involving trans people and gender identity issues have revealed an alarming lack of clarity around trans people’s rights and obligations to disclose or not disclose their trans history to their sexual partners. These cases demonstrate that it is possible for non-disclosure of a person’s trans status to impair the validity of consent. This leaves a great many trans individuals at risk of prosecution for a criminal offence. It is, however, still unclear as to whether the courts regard this to be the case for a trans person who has undergone medical transition, and it is further greyed by whether or not an individual can be defined as trans, based on their appearance, by the court. Clarity is urgently needed.
If the person consenting to sex with a trans person wasn’t informed, then it is a situation where it is not informed consent. It doesn’t matter if the person has undergone medical procedures of any type or what their appearance is, if the person having sex with them isn’t informed it isn’t informed consent. It isn’t complicated.
For a person dealing with coming out and dealing with accepting a Gay identity this could be devastating and confusing to find yourself pulled into an intimate situation with a person who is pushing sex on you.
What is interesting in the above paragraph is the following sentence.
This leaves a great many trans individuals at risk of prosecution for a criminal offence.
However, the trans lobby has been adamant that there isn’t a problem of trans sex being pushed on to people, but here we find that a “great many trans individuals” are “at risk of prosecution for a criminal offence.” Stonewall was furious when the BBC reported that Lesbians were subject to harassment and the chief criticism they had was that it doesn’t happen or happens rarely. I review the attacks on the BBC in this article.