TL;DR: A trans girl was stabbed nine times, but transphobic narratives are already emerging which victim blames her for the violence. Meanwhile, updated Crown Prosectution Serveice “deception as to sex” guidance opens up the chance that even as a victim of violence, she could be prosecuted. The guidance contributes to the increasing presentation of trans people as deceptive in mainstream narratives, which is fueling violence towards the community.
On Thursday 16th Jan, a group of teenagers were sentenced for their attack on a trans teenager. The teenage girl, aged 18 and who cannot be named, was beaten and stabbed nine times during what she believed to be a social event at a roller disco - Metro
As they attacked her, they shouted transmisogynistic slurs. The group bragged about what they had done online and even posted footage of the attack on social media.
The attackers, who pleaded guilty to grievous bodily harm, received sentences of up to eight years - BBC
What allegedly earned her the ire of this group? She had been sexually intimate with one of the teens, who had not realised she was transgender.
What do we know about the attack? - CW: Transphobic violence, slurs, sexual offences
The trans girl had been intimate with Bradley Harris, 18, leading the two to kiss, and for them to have oral sex. Without her knowledge or consent, the sexual encounter was recorded and shared on social media - Daily Mail
At no point before this had the girl’s gender identity come up - but then a friend called Harris to tell him that the victim was a “tr***y”.
When Harris confronted her, she initially denied that she was trans. However, Harris then held her at knifepoint, threatening - “I’ll stab you if you lie”. At this point, the girl admitted that she was trans and was told to leave.
When the girl asked the group chat when they would next be meeting up, Harris responded, “(I'm) not your mate... you tr***y”. Little did she know that the group were planning to attack her.
In a phone call to a friend, one member of the group, Summer Betts-Ramsey, said she had to go to Harrow to “beat up… a fucking tr***y”. It would be Betts-Ramsey who inflicted the nine stab wounds on the victim.
After posting the footage of the attack on social media, a message was sent to Betts-Ramsey, condemning her for stabbing a girl just because she was trans. Her reply? ”IT deserved it”.
Updated Crown Prosecution Service “deception as to sex” Guidance
Although the attack was ruled a transphobic hate crime, much of the response on social media from gender-critical campaigners and right wing press has been characterised by victim blaming. Although the stabbing ‘was a bit too far’ - so their narrative goes - the trans girl ‘kind of brought it’ on herself by not disclosing that she was, in fact, a tr***y.
Many even allege that despite being the victim of the sexual offence of being secretly recorded, it was the trans girl who sexually assaulted Harris.
This narrative is driven by concerning new Crown Prosecution Service Guidance, which seems to position trans people as uniquely ‘deceptive’ in their sexual encounters.
In law, it is possible for “deception as to sex” to override consent. This follows the case of McNally, where a cisgender girl pretended to be a boy and had sex with another girl. It was held that this deception amounted to sexual assault.
The recent CPS Guidance, however, goes further, suggesting that not just active deception, but mere failure to disclose one’s “birth sex” as a transgender person, may be sufficient to vitiate consent.
This doesn’t just apply to penetrative sex, either - it could even apply to a first kiss.
Analysis: New CPS Guidance is tantamount to a trans panic defence
This narrative, that merely existing as a trans person is a form of deception, puts our community in immense danger. It legitimises these kinds of attacks as a form of “revenge” for the wrongs wrought by trans people’s mere presence in public life.
This undergirds trans “panic” defences, where violence against us is legitimised by the violence we are perceived to cause by unwittingly inflicting our existence on others.
Even though the trans girl was herself a victim of sexual violence - filmed and shared having sex without her consent - many have already adopted the narrative that she was the sexual aggressor.
This form of transmisogyny is deadly. But it is being cleverly deployed to mitigate the violence of her cis attackers.
The mainstreaming of transphobic narratives results in real-life danger for trans communities.
This is something I tried to emphasise in my coverage of Brianna Ghey’s murder - but I fear that in the past year, things have only worsened. As we become further dehumanised, we become further justified as targets of violence.
Trans people are living in terror of what might happen to us next. Many of us feel like we have been abandoned by those who are meant to stand beside us. Trans youth, in particular, deserve to grow up safe - but are being put at ever-increasing risk. Our community is trying to figure out how to look after each other, despite everything collapsing around us.
We can, and must, fight back against mainstream transphobia. But we need the rest of the queer community to support us if we are to stand any chance of succeeding.
Very few people could have done justice to this story as Jess could have.
Not only an incredibly trusted and proficient Trans+ journalist, Jess O'Thomson is also an expert legal researcher.
They are one of a handful of prominent Trans+ journalists in this country.
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