When coming into contact with the police, few women would willingly submit to a strip-search by a male officer. We would assume we have the right to be searched by a female officer, and most reasonable people would agree. Not British Transport Police (BTP), however, which is facing a court challenge to its policy of allowing trans-identified male officers to order women to remove their clothes.
Sex Matters, the campaigning organisation founded by Maya Forstater, is seeking a judicial review of the policy. It means, she says, that âevery woman who travels on trains around the UK is at risk of being subjected to undignified and humiliating treatment, which is a breach of her human rightsâ.
At first sight, itâs hard to believe that this is happening in the 21st century. As early as the 1840s, female âsearchersâ were employed in police stations to frisk women suspected of concealing stolen goods in their clothes or on their bodies. âMen obviously could not perform this job with propriety,â writes Sarah Lodge in her book, The Mysterious Case of the Victorian Female Detective.
Almost two centuries later, BTPâs Chief Constable, Lucy DâOrsi, disagrees. Her force thinks itâs fine for a male officer to search women as long as he has a gender recognition certificate (GRC), a legal fiction that allows men to change their legal gender. Astonishingly, most police forces operated similar policies until January this year, when an outcry forced the National Police Chiefsâ Council to temporarily withdraw guidance allowing biological males who identify as female to strip-search women.
BTP has chosen to ignore public opinion, however, claiming that acquiring a GRC involves âstringentâ safeguards and poses no risk to women. Paying ÂŁ5, providing gas bills in a new name and producing letters from two sympathetic medical professionals is not exactly âstringentâ. But itâs sufficient for BTP, which is happy to allow a male officer with functioning male genitals to inspect a womanâs intimate parts. Its policy also means that female officers may be forced to strip-search male suspects who claim to be women.
The question that arises is who this policy is meant to benefit, since itâs clearly not women. Many who end up in police stations will have experienced domestic or sexual violence, and the prospect of being strip-searched by a biological man will be traumatic â it may well feel like sexual assault.
The awful truth is that itâs yet another exercise in affirming âgender identityâ, in which the welfare of women comes a poor second to the demands of entitled men. Adult males rarely âpassâ as female and require constant affirmations from people who know perfectly well that theyâre men, including work colleagues. Employers give them what they want because theyâre afraid of being called out as âtransphobicâ or sued by an employee with a GRC.
From the police to the NHS, publicly-funded organisations have forgotten the people they are supposed to serve. âWe are bringing this case to ensure that no woman in the UK has to suffer this degrading treatment,â says Forstater. In the meantime, no woman can feel safe in the hands of the very force thatâs supposed to protect us on the countryâs transport system. Even the Victorians didnât treat women so badly.
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