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LGBT News Minor jailed for not

Discussion in 'Current Events, World News, & LGBT News' started by J Snow, Mar 24, 2013.

  1. J Snow

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    I first saw this article a few days ago, but I don't think its been linked on here. I could be wrong though.

    UK: Woman jailed for obtaining sexual consent of another woman ‘by fraud’ - PinkNews.co.uk

    Honestly the article writing itself really bothers me with its use of female pronouns, but that's not even the start. This minor received roughly the same punishment as someone who just burned a gay kid to death.

    What I don't understand is how ze (gonna go neutral to avoid misgendering the defendant) obtained sexual consent when they hadn't done anything physical enough to give away her CA birth sex.

    Now don't get me wrong, I'm of the opinion that if you are going to date someone it is a bad idea to be dishonest with them about being trans*, but is it really necessary to get the law involved in something like this? AND ZE WAS A MINOR!

    Pretty disgusted by this.
     
  2. Beware Of You

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    I dont understand this at all. Its a strange case, I think its more the deception of the defendant lying about their gender that is the issue.
     
  3. FruitFly

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    The entire case was built on fraud and consent obtained through deception. In that respect it is semi-valid as, gender identity issues or not if a sexual relationship is to be obtained it is wisest to slip in the fact that, biologically, you're not the gender you know you are. As hard as it is people do need to cover their own backs as the other person involved may react just as this young woman did and then you'll be in a whole heap of trouble.

    Personally, and this is purely my personal opinion, I think the entire prosecution is ridiculous. Yes the young woman felt like her trust had been abused, yes she consented without the full facts of the case, and yes I'm sure she felt like every happy moment she had built with the other person was based on a lie... but prosecution?

    Similar cases have been built before, and each time I'm left wondering why. Which possibly shows my lack of care regarding gender more than anything else; if you consented and adored someone while you thought they were biologically male, I see no reason why that adoration and consent would somehow go out the window if someone else showed you evidence they were female.

    But yeah... consent obtained through deception is a biggie I guess, especially when it involves someone who is "pretending" to be a gender other than their biological one. People do not seem to like that, not one bit.

    My usual end for this sort of thing: Obviously assumptions made from news sources are biased on the facts presented by the news source. Without access to the true nature of events as they happened I can only assume, and assuming without facts is wrong, but oh so fun.
     
  4. Mindhacker

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    I don't understand how this is a valid prosecution, if a guy lied to a girl about being an astronaut this wouldn't even be an issue. Seems like transgender hate to me.

    McNally should've told said something about being transgender or biologically female first but jail sentence is extreme.
     
  5. J Snow

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    Just realized I kind of goofed on typing in the title of this thread. I was tired >.<

    ---------- Post added 24th Mar 2013 at 12:56 PM ----------

    Well hir sex was female. That doesn't mean hir gender was.

    Also it should be pointed out that this young person is going to be a registered sex offender for the rest of their life. Completely absurd.
     
  6. Hexagon

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    SO many things wrong with the case.

    First, he was 17 at the time, and I doubt very much you can give a 17 year old 3 years for sexual shit unless it was full on rape, which it clearly wasn't. Second, UK law recognises the rights of transpeople, and I'm pretty sure that includes situations involving sexual consent. Third... well, it could probably have been appealed on human rights grounds.

    Either some seriously bad shit was going on in court, I think, or else some of the presented facts were incorrect.
     
  7. FruitFly

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    I acknowledge that, but people do not. Which is why this case, and others, make it to the courts and ruin the futures of young people who, in my uneducated opinion, are only successfully prosecuted because people concentrate on how one party felt whilst completely disregarding anything other than the fact the other party is biologically female. These sort of cases are successfully generally because people honestly do not make the distinction that those who are perhaps more understanding do.

    To the majority of people gender and sex are tied together and cannot be separated. Whilst we may accept that sex can differ from gender the majority do not. To move forwards with this understanding it is best that before a sexual relationship is established people make the effort to explain their situation to the other person. It shouldn't be that way, it shouldn't be necessary, but unfortunately it is as this case shows. A successful prosecution for sexual assault be penetration shows that people are nowhere near advanced enough to understand the difference.

    What the Judge cannot dismiss is the psychological impact this has had on the other person involved. From our perspective it is absurd, but from another it is not. When you boil it down to what would essentially be presented by the prosecution you will have it presented to you that this was a young woman who deliberately and callously pretended to be a man in order to have sex with a naive young woman. Even better for the prosecution is that, by all accounts, she was a virgin who was promised a life of marriage and children. What will be presented is that this was a woman who impersonated a man in order to indulge their selfish sexual desires.

    We may look at this and think that such a presentation is absurd. But it is something that, should you be prosecuting for something like this, you look at everything that is presented and you see that effectively they obtained sex through deception as they did not disclose their situation to the individual.

    We do not have all the facts, and as was hinted at by Hexagon either the prosecution had a really good case for this being a sexual offence, with facts that have not been disclosed to the media OR we're seeing another case where the biggest sway is the fact that someone dared be a gender other than the one society believed they should be.
     
  8. Sinopaa

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    Gah! Cases like this just irritate me to no end. I'm not going to give my opinion on here as I am strongly against "the victim". But I will say that the way the article was written up gives clear indication as to who was favored this whole time. And I see no reason as to why he was put on a Sex Offenders’ Registry.
     
  9. person54

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    I feel the same. We certainly don't know all the details of this case but it always feels like our existance is considered fraudulant/fake and when all the "biological" language gets thrown around at least to me it feels like people are saying our bodies are kind of never good enough to really be what we work so hard to have them be

    Hypothetically speaking,

    1. if most of the people in the transsexual community decided that they really only wanted to date or have sex with other transsexual people

    and

    2. felt entitled to disclosure about their potential partner being cis but not if they were transsexual or transgender. Like literally before they date or have sex transsexual people expecting the cis person to say "hey I need to let you know I'm cis gender before we go any farther"

    and

    3. Transsexual people being so enraged or disgusted by cis gender people that we decided to sue with the reasoning being "I thought they were transsexual! they never told me they were cis gender. They TRICKED MEEEE, they got me to have sex with fraud and I want them in jail and on a sex offender list!!!!"

    I'm pretty sure cis gender people would spaz out or think we were insane.
     
  10. Sinopaa

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    Ok, got that out of my system. Deleting it now so it won't cause any harm....
     
    #10 Sinopaa, Mar 24, 2013
    Last edited: Mar 24, 2013