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SCOLAG 396, October 2010, Extract

SCOLAG L E G A L

J O U R N A L

EXTRACT PAGES Issue:

396

PUBLISHED:

October 2010

PAGES:

208 - 212

TITLE:

Trans People’s Experience of Domestic Abuse

AUTHOR:

Brian Dempsey

CITE AS:

2010 SCOLAG 208-212

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Scottish Legal Action Group (SCOLAG) is a charitable company limited by guarantee. Registered office: 52 Crossgate, Cupar, Fife KY15 5JX. Company No: 203019. Registered with the Inland Revenue in Scotland as a charity. Registration No: SC030329. Online at www.scolag.org


Access to Justice

Domestic Abuse

Trans People’s Experience of Domestic Abuse Brian Dempsey* considers recent ground-breaking research

T

he publication of Out of Sight, Out of mind? Transgender people’s experiences of domestic abuse1 is a most welcome addition to the very limited body of knowledge we have on trans2 people’s lives in Scotland and on trans people’s experiences of domestic abuse anywhere in the world.3 This article seeks to emphasise the importance of the report by placing the research in context and presenting in brief its major findings; it is not intended to be a substitute for reading the report itself.4

people in general is also under-developed in Scotland.16 This may reflect prejudice on the part of academics and politicians or fear that attention to such issues might harm their careers given other people’s perceived prejudice. Another barrier to research is the view that the lives of LGBT people are especially “sensitive” and that trans and LGBT people are “difficult to reach”.17

The long-standing LGBT rights organisation Outright Scotland was the driving force behind early demands for The research presented in Out of Sight, Out of Mind? recognition of LGBT people’s experiences domestic abuse.18 should play an important part in challenging the failure of Outright’s petition to the Parliament in 2003 called for recpublic sector and voluntary sector organisations to make ognition of all those experiencing domestic abuse.19 This led themselves relevant and accessible to trans people: formally to the issue being taken up by an ACPOS (Association of gender-neutral laws are all well and good but are rendered Chief Police Officers in Scotland) Reference Group, the Govirrelevant if people cannot find ways to safely access legal ernment’s Equality Unit, Equality Network and Stonewall services. The report should also play a part in supporting Scotland and the setting up in March 2008 of the LGBT Dothe Scottish Government’s moves to recognise and support mestic Abuse Project, based at LGBT Youth Scotland and all victims of domestic abuse and so challenge the supported by (relatively modest) Scottish Government fundmarginalisation of trans people and many others experiencing. The Project provides information and support to LGBT ing domestic abuse.5 people experiencing abuse and works both with the LGBT communities to raise awareness of the issue and with speThe context of the research cialist and mainstream service providers through the Legislation designed to protect people experiencing doprovision of training to assist in making their services acmestic abuse6 is gender- and sexual-orientation neutral and cessible to LGBT users.20 therefore should be accessible to trans people, though in Given some survey evidence that domestic abuse was a practice there may be many barriers to accessing these prosignificant issue for trans people21 alongside the complete tections. 7 To address these lack of robust information possible barriers, efforts have about the experiences of dobeen made to try to ensure that Only 7% of respondents who had mestic abuse among trans solicitors and advocates,8 the experienced abuse felt able to approach people in Scotland, the Scottish police,9 prosecutors10 and the Transgender Alliance and the a domestic abuse service to seek support judiciary 11 in Scotland meet LGBT Domestic Abuse Project their legal and ethical duties decided to undertake the retowards all service users, including trans people. search that resulted in the publication of Out of Sight, Out of Transsexuals, though not all trans people, can access the mind?. Participants were recruited by way of an open-acgender-based protections available in relation to employcess, online survey and a paper-based survey distributed ment, education and goods and services12 and are also a through trans groups in Scotland which together resulted protected category in relation to hate crimes.13 The most sigin a total of sixty usable responses.22 Seven follow-up qualinificant legislation in relation to trans people is the Gender tative interviews were also conducted. Given that there is Recognition Act 2004 which provides a relatively accessible no way to establish how representative the self-selected mechanism whereby a trans person can, with the support participants are of the trans population as a whole,23 defiof medical professionals, have their legal sex altered to renite statements about prevalence of domestic abuse flect their true gender.14 There is one major obstacle in the experiences of all trans people cannot be made. However, process of gender recognition which is that to secure a full the relatively large number of responses does allow some gender recognition certificate a married (or civil partnered) indication of the scale of the problem to emerge, along with applicant must first divorce their spouse (or dissolve their a picture of the types of experiences trans people face in civil partnership): this requirement is strongly resented by relation to domestic abuse and in help-seeking. many trans people who wish to preserve their relationships and may be thought to be likely to lead to additional diffiResearch findings culties within a relationship. The key finding to emerge from the research is that 80% of respondents reported that they had experienced emotionRelatively little research has been undertaken in Scotally, sexually or physically abusive behaviour from a partner land to explore the reality of trans people’s lives:15 similarly, or ex-partner, though only 60% were able to identify this research on LGBT (lesbian, gay, bisexual and transgender) Page 208

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Trans People’s Experience of Domestic Abuse

abusive behaviour as abuse; that is, 25% of those who had experienced abuse were unable or unwilling to label it as such. The range of behaviours experienced are depressingly familiar to anyone who has read the literature on domestic abuse and range from 30% of participants being stopped from seeing friends and/or relatives and 45% being repeatedly told they are worthless to 25% being kicked, bitten or hit and 13% experiencing threats of murder. Forty-seven percent of respondents had experienced sexual abuse from a partner or ex-partner.

a solicitor for advice on civil law protective measures nor in relation to possible prosecution of the perpetrators and the attitudes of the Crown Office and Procurators Fiscal Service. The small number of respondents who had contacted the police did not provide a suitable basis for examining the response that they received from that service. Trans people’s experience of interacting with solicitors and the criminal justice system are surely prime candidates for the further research that the report calls for in its recommendations.

Twice as many victims (13%) reported the abuse to the police as approached specialist domestic abuse services. This figure is low compared with evidence that 35% of all women who experience domestic abuse in Scotland have their victimisation come to the attention of the police,27 but broadly comparable to the 7 to 13% of women in same-sex relationships and 11 to 19% of men in same-sex relationships who report to the police28 and greater than the 8% of all male victims who report their abuse to the police.29 However, the obstacle to help-seeking here may be as much a failure to recognise the seriousness of abuse as fear of an inappropriate or hostile reaction from the police: half of respondents felt that the abuse they had suffered was “wrong but not a crime” while only 18% classified the abuse a crime and the same percentage viewed the abuse as “just something that happens”.30

Another obstacle to accessing services for trans people experiencing domestic abuse, confirmed at the launch of Out of Sight …? in Glasgow in September, is the hostility of some elements of the feminist and Women’s Aid movements towards trans people. Perhaps the most encouraging aspect of the launch was the presence of speakers from Engender and Scottish Women’s Aid who spoke about concerted efforts at including trans women (though not, of course, trans men) in “women-only” services.34

The issue of gender The most prevalent form of intimate partner domestic The interplay of gender and domestic abuse, especially abuse, however, was specifically transphobic abuse, with 24 the Scottish Government’s construction of a narrow, 73% or respondents reporting such behaviour. The impact “gendered” definition of domestic abuse which is explored of such abuse led, understandably, to high levels of psychobelow, has created barriers to trans people accessing justice. logical or emotional problems (76%), isolation from family and friends (49%) and attempts at suicide (15%). While the One of these barriers, what Donovan and Hester call the authors acknowledge that “being the partner of a person “public story” of domestic abuse,31 affects even the “victim’s” who has come out as transgender can be highly stressful” ability to identify the abuse they are experiencing as abuse. they also make clear that such stress does not, and cannot Donovan and Hester are particularly concerned with the be used to, justify abusive bemaking invisible of abuse haviour.25 within same-sex (rather than “Didn’t want to tell any service providers trans) relationships as “[t]he Equally worrying are the about the relationship problems as public story about domestic results in relation to help-seekexplaining the details would have violence locates the phenoming. A quarter of respondents enon inside heterosexual required me to come out... I was worried had not told anyone about the relationships within a abuse while another 18% of reservice providers would be ignorant of gendered victim/perpetrator spondents had only told a trans identities and potentially even dynamic (the stronger/bigger friend and had not contacted quite prejudiced.” man controlling the weaker/ any statutory or voluntary sec– Out of Sight …? p29 smaller woman), and tor support service. Of especial forefronts the physical nature concern is that only 7% of reof the violence”.32 But just as the construction of domestic spondents who had experienced abuse felt able to approach abuse as a heterosexual phenomenon marginalises people a domestic abuse service to seek support. In common with (whether trans or not) in same-sex relationships the same many people on the receiving end of abusive behaviour, issues arise in relation to those whose gender identities do some respondents here indicated that they did not approach not easily fit the “either/or”, “fixed” and “male/female” consupport services because they blamed themselves for the structs that are necessary to support the “public story” of abuse that they suffered. However, many said that they did domestic abuse as being inextricably linked to what men not approach domestic abuse support services because they do to women and which therefore requires clear, fixed conexpected to face prejudice and a lack of understanding. As structs of male and female. Such public stories “feed into the report’s authors are forced to conclude, both public and private lives when they coalesce into offi“Transgender respondents were often of the view that cial views shaping public policies, laws and the distribution there were no domestic abuse organisations willing 26 of resources.”33 and able to assist them.”

Unfortunately there is no specific information given about whether those experiencing abuse felt able to approach

The low point of feminist attacks on trans people was reached early on with Janice Raymond’s appalling 1979 polemic The Transsexual Empire: The Making of the She-Male.35 Raymond’s highly offensive treatise won glowing endorsement from many high-profile feminist writers at the time though, fortunately, support for such open anti-trans attacks is now much less common in feminist politics and writings. The support from Engender and Scottish Women’s Aid for the LGBT Domestic Abuse Project and the research on trans SCOLAG Journal October 2010

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Trans People’s Experience of Domestic Abuse

people’s experiences is, therefore, of the highest importance of a surprise to see that the definition reproduced above is and reflects not only the legal obligation on women-only followed in the report by the statement “[t]his project supservice providers to not disports the Scottish gender-based criminate against transsexual definition of domestic abuse.”41 women but also significant Despite this unequivocal sup“At the time I did not recognise it as advances in feminist thinking port, the authors, representing abusive. Felt it was my fault.” on trans issues.36 Despite this, LGBT equality organisations, – Out of Sight …? p29 the memory of such attacks, are forced to concede that the and the wide-spread support definition they support in fact for the attacks by significant figures within the mainstream marginalises many of the people they serve to such an exfeminist movement in the 1970s and 80s,37 are likely to content that they find it impossible to use the Government’s tinue to raise legitimate fears in the minds of male-to-female definition; “[w]e have, however, amended the definition to trans people. take account of specific experiences applicable to LGBT people and to ensure that gay, bisexual and transgender men are Given the importance of clarity on the role of gender in fully included within the aims of this project.”42 relation to domestic abuse, and the impact which what we might call, if we are feeing generous, “unsophisticated” approaches can have, it is worth considering in some detail how the organisations behind Out of Sight …? engage with the Scottish Government’s gendered definition of domestic abuse. The report itself sets out the Scottish Government’s definition of domestic abuse and one paragraph of the Government’s own gloss on that definition: “Domestic abuse (as gender-based abuse) can be perpetrated by partners or ex-partners and can include physical abuse (assault and physical attack involving a range of behaviour), sexual abuse (acts which degrade and humiliate women and are perpetrated against their will, including rape) and mental and emotional abuse (such as threats, verbal abuse, racial abuse, withholding money and other types of controlling behaviour such as isolation from family or friends).”

The alternative, inclusive definition of domestic abuse used by the LGBT Domestic Abuse Project and the Scottish Transgender Alliance is: “Domestic abuse can be perpetrated by partners or ex-partners and can include physical abuse (assault and physical attack involving a range of behaviour), sexual abuse (acts which degrade and humiliate and are perpetrated against the person’s will, including rape), and mental and emotional abuse (such as threats, verbal abuse, racial abuse, homophobic/ biphobic/transphobic abuse, withholding money and other types of controlling behaviour such as ‘outing’, the threat of ‘outing’ or enforced isolation from family and friends).”43

What needs to be done

The lack of clarity about the Government’s gendered definition of domestic abuse should not be allowed to detract from the significant advances that have been made in the less than 10 years since Outright Scotland first raised the issue of LGBT experiences of domestic abuse before the Scottish Parliament and in meetings with the then Scottish Executive. The Scottish Government, particularly through its Equality Unit, has supported the LGBT Domestic Abuse Project by way of funding and political support. Nationally, It is clear, therefore, that the Government’s definition is women-only services are engaging positively with the isconstructed to create the situation that only women are to sues raised in relation to providing services to trans people, be recognised as experiencing women in same-sex relation(as opposed to perpetrating) ships and LGBT people in Transgender respondents were often of domestic abuse but that the general and have been pubchildren who witness such the view that there were no domestic licly and privately supportive abuse can also suffer negative abuse organisations willing and able to of initiatives to support LGBT consequences and must be suppeople experiencing domestic assist them. ported. What this official abuse.44 Out of Sight …? p29 definition39does is explicitly exThe recommendations clude men who experience contained in the report are imabuse from their partners or ex-partners from being acportant despite their familiar nature from any number of knowledged as experiencing domestic abuse and it also other similar reports or perhaps even their predictability, at excludes children who witness abusive behaviour directed least to those concerned with LGBT rights. Organisations against their fathers or other adult male carers. It is true that support people who experience domestic abuse are that in other Government commentary on domestic abuse urged to engage in “partnership work” with LGBT and trans the existence of men who experience domestic abuse at the equality organisations, to provide training to staff and, perhands of their partners or ex-partners is briefly noted but haps most importantly, to explicitly advertise their intention that does not alter the fact that the Government definition not to exclude trans people in their policies and in their proexcludes all men and their children.40 motional material. LGBT organisations are urged to address “In accepting this definition it must be recognised that children are witness to, and may be subject to, the abuse and children who witness or are used in the abuse, can experience stress and fear and may suffer a range of adverse effects, including physical injury, poor health and an array of psychological difficulties.”38

Given the exclusion of trans, bisexual and gay men, and all the children associated with these men, it is something Page 210

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the issue of domestic abuse. The report also calls for further research “to gain more understanding of all forms of gen-


Trans People’s Experience of Domestic Abuse

der-based violence experienced by transgender people”. To this might be added a call for research which seeks to explain why, as revealed by the report, publicly-funded organisations are failing trans people and also research into whether solicitors, COPFS and the courts are performing their duties appropriately. Although Out of Sight …? provides clear evidence that a great deal of work remains to be done if trans people are to be able to access the services they are entitled to, including those services which are vital in facilitating access to justice, there is clearly a significant amount of good will and determination to change trans people’s experience of domestic abuse for the better. Let’s hope a way can be found to ensure that all people who experience domestic abuse can receive the recognition and support they are entitled to, despite looming financial cuts. * Brian Dempsey is a lecturer at the School of Law, University of Dundee

“She locked me in the room and chucked the key out of the window... All sorts of things would set her off – if she didn’t want me to go to work, if I didn’t want to have sex with her, or if I wanted to use a condom. If I didn’t do what she wanted she would use aggression against me, physical and verbal... She used a cutlery knife or a chopping knife to cut my arms, sometimes she would stab forks into me. After I ended the relationship, she was still saying stuff about me, phoning me up and slagging me off and stuff.” – Out of Sight …? p20

Notes 1.

Roch, Amy, James Morton & Graham Ritchie (2010) Out of Sight, Out of Mind?: Transgender People’s Experiences of Domestic Abuse (LGBT Youth Scotland & Equality Network).

2.

I use “trans” as it is an inclusive term including all “who do not perceive or present their gender identify as the same as that expected of the group of people who were given the equivalent sex designation at birth“, Whittle, S (2002) Respect and Equality: Transsexual and transgender rights (Cavendish), p.xxiii. It includes people who seek gender reassignment surgery (transsexual people) and those who live their life to a large degree in the “opposite” gender to that which they were assigned at birth but also includes those who reject sex and gender as binary constructs and therefore reject easy use of “male” and “female” in their personal identity. A useful glossary of terms is available in LGBT Hearts & Minds Agenda Group (2008) Challenging Prejudice: Changing attitudes towards lesbian, gay, bisexual and transgender people in Scotland (The Scottish Government), pp55-58.

3.

The best sustained examination of trans issues and the law in the UK is Stephen Whittle’s Respect and Equality. See also the information available at Press for Change www.pfc.org.uk and the Scottish Transgender Alliance www.scottishtrans.org.

4.

The report is available online via the Scottish Transgender Alliance website. A limited number of hard copies are also available.

5.

“Domestic abuse” is the preferred term in Scotland as it emphasises that abusive and controlling behaviour can be wider that what people may conceive as “domestic violence”. Similarly, in Scotland, the term is limited to abusive behaviour between current or former adult intimate

partners (whether the abuse occurs in the home or not) but excludes, eg, abusive behaviours of parents to LGBT children, forced marriage or elder abuse. 6.

E.g. The Matrimonial Homes (Family Protection) (Scotland) Act 1981 and the Protection from Abuse (Scotland) Act 2001. For a brief overview of the impact of law on lgbt lives see Dempsey, B (forthcoming) ““Lesbian, gay, bisexual and trans people and the law” in Mark Mulhern (ed) Scottish life and Society: Law (John Donald Publishing).

7.

See below

8.

See, eg, the information on the Law Society of Scotland’s Equality and Diversity Strategy at <www.lawscot.org.uk/diversity/ equality_strategy.aspx> and the Faculty of Advocates’ Equality & Diversity Code at www.advocates.org.uk/downloads/profession/2010/ EqualityDiversityCodeOct2009.pdf.

9.

See, eg, the Association of Chief Police Officers in Scotland’s Equality and Diversity Strategy 2009-12 www.acpos.police.uk/Documents/Policies/ ACPOSEquDivStrategy2009.pdf and guidance on the treatment of trans people in custody www.acpos.police.uk/Documents/Policies/ ED_TransgenderPeopleCustodyGuidanceV2.pdf.

10. See, eg, the Crown Office and Procurator Fiscal Service’s Equality and Diversity Strategy at www.copfs.gov.uk/Resource/Doc/13928/0000570.pdf as well as their “joint protocol” on domestic abuse with Scottish police forces where they reject the Government’s “gendered abuse” definition of domestic abuse in order to make services available to all, In partnership, challenging domestic abuse; Joint protocol between ACPOS and COPFS at www.copfs.gov.uk/Resource/Doc/13547/0000559.pdf. 11. See, eg, the Statement of Principles of Judicial Ethics for the Scottish Judiciary www.scotland-judiciary.org.uk/Upload/Documents/Principles.pdf. 12. See, eg, P v S and Cornwall County Council, [1996] All ER (EC) 397, Sex Discrimination (Amendment of Legislation) Regulations 2008 and the Employment Equality (Sexual Orientation) Regulations 2003. 13. The Offences (Aggravation by Prejudice) (Scotland) Act 2009. 14. See Dempsey, B (2004) “The Gender Recognition Bill, or Westminster ate my GeRBill”, 2004 SCOLAG 183-185. For the common law position see X Petitioner 1957 SLT (Sh Ct) 61. See also Campbell, A (1998) “Successful sex in succession”, Juridical Review, 257-79 and 325-47; and Barnes, L-A (2007) “Gender identity and Scottish law”, Edinburgh Law Review, 16286. 15. Some useful research has been generated by activist groups; see Morton, J (2008) Transgender Experiences in Scotland (Scottish Transgender Alliance) and Whittle S, K Turner & M Al-Alami (2007) Engendering Penalties: Transgender and transsexual people’s experiences of inequality and discrimination (Press For Change & Manchester Metropolitan University), also Wilson, P et al (2005) Scottish Transgender Survey – Final Report. 16. What little research there is on LGBT people can fail to properly address and differentiate specifically trans issues, see Stone, A L (2009) “More than Adding a T: American lesbian and gay activists’ attitudes towards transgender inclusion” 12(3) Sexualities 334-354. 17. As with all research there are, of course, issues of confidentiality and data protection to consider and challenges in relation to classification of persons who may reject simplistic male/female, gay/straight binaries as well as overcoming potential subject’s perceptions of indifference or even hostility on the part of researchers, but labelling groups of research subjects as “hard to reach” may also mask a failure of researchers and service providers to make themselves accessible – in fact it may be they who are “hard to reach” (this point has been made many times in activist circles and was expressed by a speaker at the launch of the Out of Sight …? report in Glasgow in September). For an exploration of the complexities of gender identity see Valentine, D (2007) Imagining Transgender: An ethnography of a category (Duke University Press) 18. For Outright Scotland see Dempsey, B (1995) Thon Wey; Aspects of Scottish lesbian and gay activism 1968-1992, (USG) available via www.linsert.org. The author wishes to declare an interest having been a member of Outright Scotland and of the Equality Network “core group” for several years and a paid assistant secretary for Outright for a period of two years following the setting up of the Scottish Parliament. 19. The submission to the Scottish Parliament Public Petitions Committee asked that the Parliament “[c]onsider and consult widely on a remedy that would continue the work on gender based abuse and acknowledge, address and encourage the reporting and provision of services to people who experience other forms of abuse that takes place in a domestic setting”, Public Petition PE644. 20. See www.lgbtdomesticabuse.org.uk 21. Morton (2008) Transgender Experiences, p11

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Trans People’s Experience of Domestic Abuse 22. 19 respondents identified as FTM trans men; 28 as MTF trans women and 13 as other gender-variant people, Out of Sight …?, p.9 23. For example, the research could not include people who were not in contact with trans organisations and do not have safe access to the internet. Such issues are, of course, in no way limited to research into trans people’s experiences. 24. Such abusive and controlling behaviour included, eg, forcing people to stop taking medical treatment such as hormones, stopping people expressing their true gender identity or threatening to “out” people as trans, see Out of Sight …?, p.15-16. 25. Out of Sight …?, p.17 26. Out of Sight …?, p.29 27. MacLeod, P et al (2009) 2008-09 Scottish Crime and Justice Survey, Partner Abuse, (Scottish Government), p30 28. Henderson, L (2003) “Prevalence of domestic violence among lesbians and gay men, data report to Flame TV” (Sigma Research), p10 and Donovan, C et al (2006) Comparing domestic abuse in same sex and heterosexual relationships, (University of Bristol & University of Sunderland) p11, but note these figures are for the UK as a whole. 29. MacLeod (2009) Partner Abuse, p.30 30. Out of Sight …?, p.27 31. Donovan, C and M Hester (2010), “I Hate the Word ``Victim’’: An Exploration of Recognition of Domestic Violence in Same Sex Relationships”, 9 Social Policy and Society 279-290; in this they are drawing on, among others, Lynn Jamieson (1998) Intimacy; Personal Relationships in Modern Society, Cambridge, Polity Press, Donovan & Hester, p281/2

43. Out of Sight …?, p.7 44. See, eg, Whiting, N (2008) “What can contemporary gender theory contribute to understanding of abuse in same-sex relationships?” 2008 Scottish Journal of Criminal Justice Studies, 31-45

Bibliography Connell, R (2009) “”Doing Gender” in Transsexual and Political Retrospect” 23(1) Gender & Society 104-111 Dempsey, B (forthcoming) “”Lesbian, gay, bisexual and trans people and the law” in Mark Mulhern (ed) Scottish life and Society: Law (John Donald Publishing) Dempsey, B (2004) “The Gender Recognition Bill, or Westminster ate my GeRBill”, 2004 SCOLAG 183-185 available at www.linsert.org/Resources/ Articles-Extracts/2004_SCOLAG_183-185.pdf Donovan, C et al (2006) Comparing domestic abuse in same sex and heterosexual relationships, (University of Bristol & University of Sunderland) available at www.broken-rainbow.org.uk/cohsar_report.pdf Donovan, C and M Hester (2010), “I Hate the Word ``Victim’’: An Exploration of Recognition of Domestic Violence in Same Sex Relationships”, 9 Social Policy and Society 279-290 Henderson, L (2003) “Prevalence of domestic violence among lesbians and gay men, data report to Flame TV” (Sigma Research) available at w w w. h e r t s . p o l i c e . u k / r e p o r t / L G B T % 2 0 D V % 2 0 R e p o r t % 2 0 %20March%2003.pdf Heyes, C J (2003) “Feminist Solidarity After Queer Theory: The case of transgender” 28(4) Signs 1093-1120

32. Donovan and Hester 281/2. “Most of the LGBQ respondents did not recognise their relationship experience as domestically violent at the time of the relationship. The reasons were predominantly related to the impact of public stories about domestic violence.”, p 284

LGBT Hearts & Minds Agenda Group (2008) Challenging Prejudice: Changing attitudes towards lesbian, gay, bisexual and transgender people in Scotland (The Scottish Government) available at www.scotland.gov.uk/Resource/Doc/ 212871/0056591.pdf

33. Lynn Jamieson (1998) Intimacy; Personal Relationships in Modern Society, Cambridge, Polity Press, p.11, quoted in Donovan & Hester, p281

MacLeod, P et al (2009) 2008-09 Scottish Crime and Justice Survey, Partner Abuse, (Scottish Government) available at www.scotland.gov.uk/Resource/Doc/ 296149/0092065.pdf

34. Women-only services will, by definition, exclude those trans people who reject the simplistic “either/or” binary of sex but some have also excluded male-to-female transsexual people, at least those in the “early” stages of transition, on the grounds that whatever their psychological gender identity they are not, in fact, women. Whether they would offer services to female to male trans people in the same position, on the grounds that they remain women despite their psychological gender identity, is not known. 35. Published in the UK in 1980 by The Women’s Press. 36. See, eg, Heyes, C J (2003) “Feminist Solidarity After Queer Theory: The case of transgender” 28(4) Signs 1093-1120 and Connell, R (2009) “”Doing Gender” in Transsexual and Political Retrospect” 23(1) Gender & Society 104-111 37. See Stryker, S (2008) Transgender History, (Seal Press), esp 101-114 38. Out of Sight …?, p.7 39. There is a clear distinction to be made between a definition of domestic abuse and an approach to domestic abuse. 40. One of the challenges of making sense of the Government’s approach to domestic abuse, which, to be fair, it inherited from the previous Scottish Executive, is the fact that it asserts a single definition that excludes male who experience domestic abuse but simultaneously acknowledges the reality of the existence of male “victims”. Despite retaining a definition that excludes male “victims” the Scottish Government does recognise that men can be “victims” of domestic abuse. 41. Out of Sight …?, p.7, emphasis added. It is understood that the reference to “this project” is somewhat ambiguous and relates only to the LGBT Domestic Abuse Project and that the Scottish Transgender Alliance does not support the Scottish Government’s definition.

Morton, J (2008) Transgender Experiences in Scotland (Scottish Transgender Alliance) available at www.scottishtrans.org/Uploads/Resources/ staexperiencessummary03082.pdf Raymond, J (1980) The Transsexual Empire (Women’s Press) Roch, A, J Morton & G Ritchie (2010) Out of Sight, Out of Mind?: Transgender People’s Experiences of Domestic Abuse (LGBT Youth Scotland & Equality Network) available at www.scottishtrans.org/Uploads/Resources/ trans_domestic_abuse.pdf Stryker, S (2008) Transgender History, (Seal Press) Stone, A L (2009) “More than Adding a T: American lesbian and gay activists’ attitudes towards transgender inclusion” 12(3) Sexualities 334-354 Valentine, D (2007) Imagining Transgender: An ethnography of a category (Duke University Press) Whiting, N (2008) “What can contemporary gender theory contribute to understanding of abuse in same-sex relationships?” 2008 Scottish Journal of Criminal Justice Studies, 31-45 Whittle, S (2002) Respect and Equality: Transsexual and transgender rights (Cavendish) Whittle S, K Turner & M Al-Alami (2007) Engendering Penalties: Transgender and transsexual people’s experiences of inequality and discrimination (Press For Change & Manchester Metropolitan University) available at www.pfc.org.uk/files/EngenderedPenalties.pdf Wilson, P et al (2005) Scottish Transgender Survey – Final Report, soon to be available via “resources” at www.linsert.org

42. Emphasis added

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