Transgender officers are allowed to search women

Exemptions for transgender officials in the UK

The guidelines allowing transgender British police officers to search women have recently been updated. This decision has sparked a debate about the rights and safety of those being searched. The guidelines emphasize that strip searches must be conducted respectfully. While the previous rule was that an officer of the same sex must search, transgender officers will be exempted from this rule and will be able to be searched by their gender identity - how they identify themselves. 

Despite the claim that this is supposedly aimed at equality and non-discrimination in law enforcement, some people find their jaw slack and their hands unshakeable because of the attitudes in place^[1].

The new rules state that male employees identifying as women may conduct searches for women. The only requirement is that such officers produce a Gender Recognition Certificate (GRC). In the UK, the GRC is the official document that allows transgender people to change their gender legally. The GRC is issued based on certain criteria, such as age, diagnosed gender identity dysphoria, medical or psychiatric certification, proof of living in the desired gender (for example, documents confirming a change of name or gender), an oath, medical evidence, and other documents according to circumstances. 

Recent legislative proposals have even led some parts of the UK (e.g. Scotland) to consider dropping the requirement for a medical diagnosis and allowing self-declaration of gender. However, the issue is still a source of political and social controversy (probably for good reason).

A former police inspector called the guidelines "sanctioned sexual assault"

The guidelines read: 

"British Transport Police recognizes a transgender person's status from the moment they consistently identify as a member of that gender with or without a GRC." Even when a person has not legally changed their gender, they must be addressed as they wish, using the 'correct' pronouns.

The hands of the country's Border and Transport Police seem to be untied. Similar rules, set out in national police guidelines, were suspended in the past following Conservative concerns about women's safety. At the beginning of the year, the National Police Chiefs' Council (NPCC) abolished similar guidelines that allowed biological men who thought they were women to conduct intimate searches of women. But change after change, they seem to have finally found their way back^[2].

In adapting to the rulings, most police forces across the UK have started complying with the newly published regulations. However, the regulations have been criticized by many.

Retired police inspector Cathy Larkman called the guidelines "state-sanctioned sexual abuse". In response to the news, Rupert Lowe, a British politician, businessman and former Member of the European Parliament, wrote on social media:

"I have written to the Minister asking him to take appropriate action to ensure that biological men do not seek out women. We must put an end to this madness and put the safety of women and girls first. Say NO to state-sanctioned sexual abuse", he threw a stone.

For her part, Maya Forstater, CEO of the human rights charity Sex Matters, said the recommendations were a "shocking violation of human rights": 

"Allowing British Transport Police officers with gender identity cards stating that their 'acquired gender' is female to search women is a shocking violation of human rights". On the contrary, she believes that all States must protect their citizens from this degrading treatment. And this ruling is just that - insulting to another human being and an affront to their dignity.

The country's transgender officers and policemen will have their hands untied by their gender recognition certificate

A spokesman for the Border and Transport Police is taking a stand. 

He argues that what transgender colleagues in the British Transport Police can search is determined by the interaction between the Police and Criminal Evidence Act 1984 (the main piece of legislation governing policing in England and Wales) and the Code of Practice on Stop and Search. It also incorporates the Equality Act and the Gender Recognition Act. Therefore, an officer will search according to the sex stated on the birth certificate or gender recognition certificate, "whichever is the more recent".

However, a spokesman for the Border and Transport Police is quick to justify that the person being searched may object to being searched by a designated officer, in which case the officer will be replaced by another member of the team who will search. In practice, this is allegedly done regularly for several reasons.

Women's rights campaigners call for the permission for transgender people to search women to be revoked

Britain's transport police seem to be slowly catching up in a legal maelstrom over new guidelines.

Women's rights campaigners have written to High Commissioner Lucy D'Orsi calling for the guidelines to be withdrawn as they "violate human rights". As a result, the organization promises to launch a judicial review of the guidelines. In their eyes, the guidelines constitute "state-sponsored sex discrimination and sexual violence".

For some people, these changes are in fact evidence of nothing less than the abuse of a position for sexual purposes, reflecting the extent of corruption. The police defend themselves by claiming that they have a policy of institutionalized sexual harassment and violence against women. However, citizens do not hold their tongues, screaming that for many men, cross-dressing is a sexual fetish.

"No woman should be humiliated by being forced to undress and bend over in front of a man," is the outcry from a section of the British population.

The NPCC says it is still thoroughly reviewing guidelines on searches by transgender officers. However, it is telling us that most police forces across the country have already implemented this policy.