Identy Disclosure Update

[laura-seabrook.livejournal.com]

Tried to post this a while back but it didn't seem to go through.

You might remember back in 2008. I referred to two policemen who revealed the gender history of suspect's transgender girlfriend to him, and he later assaulted her so badly she was hospitalised for several days (I was was so upset reading about this I I ranted here about it, saying that revealing someone's gnder identity like that was a 'dumb thing to do').

Just saw an update via Facebook on this. Original story at That ain't no way to treat a lady. The bits that concerned me were:

...The District Court this month overturned the convictions of police constables Brendan Ritson and Tyrone Stacey for breaching privacy laws by telling Fell's unsuspecting then boyfriend Garrick Jacobson that he was, in fact, in a relationship with a man....

...Lawyers for the policemen successfully argued they had not told Jacobson anything that was not already in the public arena.

Judge Anthony Blackmore found that when Fell appeared in court to plead guilty to four counts of assault after the London flight, the court had been told "that she was or had been male" and courts are open to the public.

However, the judge rejected the argument that the two officers had been acting in the course of their duty when they embarrassed and humiliated Jacobson.

He ruled that the officers had been doing so for their own gratification because it could not be "within their official functions to humiliate a suspect".

Constable Stacey is now back at work, rejoining Harbourside Local Area Command last Monday. Constable Ritson is still on suspension and his lawyer Simon Mitchell yesterday had no comment on whether he would be returning to work....

OK, so there's been an investigation and it seems that both parties have been acquitted of the original charge (if that's the right term). Justice has been done. And yet I'm still worried about this. Why?

Well let's suppose for the sake of argument that I'm a trans women who's done her transition and has a gender recognition certificate (which changes ones birth status from M to F) and I've been bashed by an abusive boy or girlfriend whom I've known for about 3 weeks. What are my options? Do I go to the police and risk exposure and maybe get another bashing? Maybe that's unlikely to happen, but there's still a chance. What if the police staff dealing with my complaint makes the assumption that "I don't pass" (whether or not I do) and lets that slip to the boy/girlfriend?

So was the initial discretion a dumb thing to do? In respect to the consequences, both for the offerecers and Ms Fell, I think it was, and the Judge agreed - at least that 'could not be "within their official functions to humiliate a suspect"'. Otherwise I guess they're police just trying to do their job. Most likely it was just a mistake - but in such a situation does one take the risk, especially if you're not directly open about one's gender status. I mean, it may be "common knowledge" but that is often wrong.  In an ideal world this wouldn't be an issue, but we don't leave in ideal world.


Will post updates if I see any, and remember.