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The UK government issued a Section 35 order in an unprecedented move to block legislation due to concern about the impact of the bill.
On Thursday night, a government source said the trans-rape case demonstrated the stakes posed by the plans, adding: “Women’s worst nightmares are unfolding before Sturgeon’s eyes. Yet she continues to insist that opening spaces for women to male con artists who identify themselves as women is an order of magnitude.” Risk-free. Scotland’s women are insecure under the SNP system”.
The warrant issued by the court after Bryson’s conviction on Tuesday turned out to say they should be sent to a men-only prison, Glasgow’s notorious Barlinny Prison, but that was overturned by the Scottish Prisons Service (SPS).
Prison chiefs have referred to SPS guidelines that say trans offenders must be sent to the prison that matches their self-identified gender in which they lived before their conviction.
Ms Sturgeon’s official spokesman denied that the Scottish government had any involvement in the initial decision, but said that she had intervened to make clear to the heads of prisons her opposition to Brisson being housed with female prisoners.
However, Ross said the case was becoming “increasingly murky” and that the SPS and the SNP government “need full transparency as to who gave the original order to send this rapist to Cornton Vale instead”.
He added: “We need to know why the Scottish Prisons Service, which is accountable to SNP ministers, has chosen to overrule the court’s recommendation that this person should be sent to Barlini.”
Come up with a trick
The shift came less than 24 hours after Mrs Sturgeon’s justice secretary, Keith Brown, insisted that Scottish ministers would not get involved and that he would “trust the SPS to deal with this”.
Having announced the change, Ms Sturgeon insisted that the decision as to whether male or female incarceration was appropriate “is not about whether or not they are trans” but depends on the individual being a “rapist and sexual offender”.
The first minister said there was no “automatic right” for trans women to serve their sentences in a women’s prison even if they had a sex confession certificate.
But Katie Dulatowsky, a 22-year-old transgender woman, was taken into custody in Cornetton Valley last year after violating a custodial restraint. In 2018, Dulatovski sexually assaulted a 10-year-old girl in the toilet of a Kirkcaldy supermarket, and filmed a 12-year-old girl in the toilet of a separate supermarket.
The jury at Bryson’s trial at Glasgow High Court was told that Adam Graham was the “dead name” of the accused and that the judge had referred to the rapist as Mrs. Bryson.
Bryson is currently taking hormones and is seeking surgery to complete a sex reassignment, but only began his transition after appearing in court on rape charges.
Shona Graham, the rapist’s estranged wife, said she believes her husband “came up with a ruse” to try to get an easier sentence after his conviction on Tuesday.
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