JK Rowling has criticized a transgender cat killer who killed a stranger and is described as a woman. It turned out that judges were told to refer to suspects with whatever pronouns they wanted.
Scarlet Blake, a 26-year-old man who was born male but identifies as female, was sentenced at Oxford Crown Court on Monday to life with a minimum term of 24 years for the murder of a stranger.
Blake was referred to as a woman during the trial and in some media reports.
Rowling, who has been vocal about her gender-critical beliefs and views on transgender issues, spoke out after Sky News described Blake as a woman.
The Harry Potter author shared a video on Twitter and wrote: "I'm tired of this. This is not a woman. These are #NotOurCrimes."
It came as it emerged that guidelines for judges tell them to 'respect' the gender identity of those appearing in court.
The guidance, which appears in the Judicial College's Equal Treatment Bench Book, says: "It should be possible to respect a person's gender identity and current name for almost all purposes of courts and tribunals, regardless of whether they have legal recognition have obtained their gender through a gender recognition certificate."
It also tells judges that a person's gender status should not be disclosed unless it is necessary and relevant to the legal proceedings.
The Judicial College is facing a backlash over the "dangerous" guidelines and lawyers and MPs have called for them to be reviewed.
Campaigners have warned that the advice could distort public perception and statistics on women's crime.
'Ideological and dangerous'
Naomi Cunningham KC, discrimination law barrister at Outer Temple Chambers, told The Telegraph: "This advice on personal pronouns and identity in the Benchbook is ideological, dangerous and misogynistic.
"The Judicial College should review it or we risk the public losing confidence in our justice system."
She added: "The Equal Treatment Benchbook claims that it is 'a matter of common courtesy' to use the personal pronoun and name preferred by people with a trans identity, and implies that this should only rarely make room for the right of witnesses to tell the truth.
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"No legal authority is given for this claim, which, if brought in court, you would expect a competent judge to prod hard with pointed questions.
"But because it is part of the official guidance for judges, there is a risk that it overrides their natural skepticism and becomes something that those in the court 'just know'."
Sir Jacob Rees-Mogg, the former business secretary, also called for the court's guidelines to be rewritten.
He said: "I don't mind saying this in court before they are proven guilty.
"But once the blame has been established, you don't owe them that level of courtesy.
"I agree with JK Rowling that this person is a man."
Richard Garside, director of the Center for Crime and Justice Studies, said: "If what we say is intended to preserve the dignity of the courtroom by using pronouns that make people feel more comfortable, that is justified.
"But this becomes complicated when it is suggested that witnesses and victims also use these pronouns.
"There have been infamous cases of rape victims being forced to call rapists 'they'.
"What they do is force people to ascribe to a belief system that they may not agree with."
Lawyers and campaigners have also said Blake's crime should not be recorded as committed by a woman.
The Ministry of Justice relies on police data to determine whether the crime should be recorded as male or female in official statistics.
Gender box left blank
Neither the Ministry of Justice nor Thames Valley Police could confirm on Tuesday evening how the facts were recorded.
On the Law Pages, a record of court records, the conviction was noted, leaving the gender box blank.
Rowling said that "crime statistics become useless when violent and sexual attacks committed by men are recorded as crimes for women."
1. Crime statistics become useless when violent and sexual assaults committed by men are recorded as crimes for women.
2. Activists are already calling for this sadistic murderer to be locked up in a women's prison.
3. Ideologically driven disinformation is not journalism. pic.twitter.com/9hnBBAY6eH- JK Rowling (@jk_rowling) February 26, 2024
Throughout the trial, the killer was referred to as "she" by Judge Chamberlain, who instructed jurors to take into account the "status" of the defendant, but emphasized that "the fact that she is trans per se has no particular relevance to this case".
Blake had live-streamed a video of a cat being strangled, skinned and dissected before its body was put into a blender.
After the dissection, Blake tells the camera in a monosyllabic tone, "One day I want to learn how to do this on a person."
Months later, Blake hit Jorge Martin Carreno over the back of the head with a vodka bottle in July 2021 and strangled him before pushing him into the River Cherwell, where he drowned. Blake will be sent to a men's prison for the murder.
But Jane Fae, a transgender activist, told BBC Radio 2's Jeremy Vine Show that prisons should be divided "according to the severity of the crime, so that all murderers, male and female, go to a particular prison", rather than by gender.
Dr. Jane Hamlin, emeritus president of the Beaumont Society, Britain's longest-standing transgender support group, said: "I don't think anyone wants to be associated with the horrific crimes committed by Scarlet Blake, which are widely deplored. are - especially in the trans community.
"We are all shocked by the news, but her gender is not relevant to the situation. It is unfortunate - but not surprising - that some in the media are using Blake's crimes as a means to justify their prejudice against transgender people in general."
A spokesperson for the judiciary said: "The Equal Treatment Benchbook has been created by judges for judges and provides important information, context and advice to support them.
"It is regularly updated and adapted as necessary to reflect changing circumstances and incorporate the most current societal knowledge."
