‘Promoting a strong sense of belonging’? Police Scotland policy on recording rape does not take women’s interests seriously

Petition on accurately recording rape

In June 2021 we lodged a petition with the Scottish Parliament Citizen Participation and Public Petitions Committee, calling on the Scottish Parliament ‘to urge the Scottish Government to require Police Scotland, the Crown Office and the Scottish Court Service to record accurately the sex of people charged with or convicted of rape or attempted rape‘.

We believe this is important for data accuracy, public trust in statistics, and that Police Scotland has a moral obligation to victims to record sex accurately.

Over three years since it was originally lodged, the petition remains under consideration by the Committee.

Recent developments

In January 2024 the Committee asked Police Scotland – for a fourth time – to provide further written evidence on its position, including how its policy aligns with its ‘organisational values’. Earlier written evidence submitted by Police Scotland is shown below.

Police Scotland response

Police Scotland responded to the Committee in March 2024 (we were not aware of this until very recently).

The Police Scotland submission reiterated its existing position, namely that providing for recording based on self-identification is ‘consistent with the values of the organisation’. Extraordinarily, in seeking to explain this, Police Scotland said that this practice promoted ‘a strong sense of belonging’.

The sex/gender identification of individuals who come into contact with the police will be based on how they present or how they self-declare, which is consistent with the values of the organisation.

This practice adheres to legislative compliance, operational need and the values of respect, integrity, fairness and human rights whilst promoting a strong sense of belonging.

Analysis

There is no ‘legislative’ requirement for Police Scotland to allow men accused or charged with rape, or any other offence, to be recorded as female. Nor are we aware of any ‘operational need’.

We think the policy is morally indefensible and indicative of an organisation that does not take the interests of women seriously. We previously described the policy as an exercise in institutional sexism and misogyny.

Police Scotland state further that it hopes in future to record some people as neither male nor female. This is inexplicable for an organisation that deals with sex-based offending and victimisation on a daily basis.

We recognise that a person may not feel it appropriate for them to be assigned binary options and the situation will be reviewed as we roll out any new IT platforms.

Next steps

In response to a press query, a spokesperson for the Committee said:

The Committee last considered the petition early this year and at that meeting agreed to write to Police Scotland.

The Committee will consider the petition again shortly and it will be for the Committee to agree what further action it next wishes to take.

After three years, we hope that Police Scotland will now be asked to provide oral evidence to explain this wholly unjustified and deeply offensive policy.