Rapists ‘probably’ forfeit right to choose gender

Male rapists should “probably” lose the right to choose their gender, Nicola Sturgeon has said.

The former first minister, in an interview with ITV to mark the release of her memoir, also said she was partly to blame for the debate on gender recognition laws in Scotland losing “all sense of rationality”.

Sturgeon came under intense pressure in 2023 after transgender offender Isla Bryson was remanded in a women’s prison before being moved to a men’s facility.

It came during a fierce debate over the proposals to make it easier for people in Scotland to change their legally-recognised sex.

Bryson was jailed for eight years in 2023 after being found guilty of two counts of rape.

The attacks were committed in Clydebank and Glasgow in 2016 and 2019.

Having initially been charged as Adam Graham, Bryson had self-identified as a woman while awaiting trial.

Bryson was initially remanded to Cornton Vale women’s prison in Stirling, but was later moved to a men’s jail.

It led to a change in policy so that all newly-convicted or remanded transgender prisoners are initially placed in jails according to their birth sex.

Sturgeon repeatedly refused to call Bryson a man at the time.

Asked about the case by ITV, the former SNP leader said: “Isla Bryson identified as a woman.

“I think what I would say now is that anybody who commits the most heinous male crime against women probably forfeits the right to be the gender of their choice.”

When pressed about her comment, she added it was “probably was not the best phrase to use”.

The former first minister then described Bryson as a “biological male” and said she should have been “much more straightforward” in the past.

The Bryson controversy came during the debate about Scotland’s proposed gender self-identification laws, which were passed by MSPs but ultimately blocked by the UK government.

Sturgeon told ITV: “We’d lost all sense of rationality in this debate. I’m partly responsible for that.”

In April, the Supreme Court ruled that a woman is defined by biological sex under equalities law.

The case marked a major victory for gender critical campaigners over the Scottish government, and has had major implications for how sex-based rights apply across Britain.

SNP MSP Michelle Thomson, who proposed an amendment to the gender recognition bill that would have halted gender recognition certificates being given to rapists, said Sturgeon’s comments came “too late”.

“Had she stopped to consider or engage with concerns regarding women’s existing rights she would not have forced the SNP group to vote against my amendment to temporarily pause the granting of GRCs to rapists.

“Her decision made clear that their rights should trump those of the raped.”

Thomson added: “This was not, and never will be, the actions of a feminist.

“For that reason I think that Nicola should really apologise for her failure to listen and act on the views of others.”

Sturgeon’s memoir, Frankly, will be published on Thursday.