Jess O'Thomson
@jessothomson.co.uk
17K followers 270 following 3.4K posts
Legal researcher, writer, journalist | Trans Rights Lead @ Good Law Project | Head of Policy @ Trans+ Solidarity Alliance | PhD student @ Leeds Words inc: Indy; Metro; openDemocracy; Prospect Views my own. [email protected] They/them
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jessothomson.co.uk
You can read an article about For Women Scotland and human rights by me and Oscar Davies here ⬇️
gardencourtlaw.bsky.social
📢Oscar Davies @nonbinarybarrister.bsky.social co-authors significant commentary for Discrimination Law Association on Convention rights incompatibility of Supreme Court For Women Scotland Judgment

🔽Read on here:
tinyurl.com/3zwzuwu3
jessothomson.co.uk
I mean one would think doing four years of intense self-directed research would be a positive factor in seeking employment in a research role in industry, but apparently not!
jessothomson.co.uk
I think half the problem is because there are no academic jobs you've gotten a sudden influx of PhDs trying to get industry jobs too. Then of course there is Brexit, and Trump, which are having fantastic impacts on our scientific industry.
jessothomson.co.uk
Well maybe going part-time in my PhD and taking ages will mean academia might sort itself out by the time I am actually looking for jobs!

(Ha ha ha)
jessothomson.co.uk
(in industry, they would have much rather have stayed in academia)
jessothomson.co.uk
We will have to write a paper eventually.
jessothomson.co.uk
Leeds is great! I love it and my supervisors are amazing, but I would have also loved you!
jessothomson.co.uk
My partner has just submitted and is currently in this predicament (in sciences). They have had to take a job they are massively overqualified for and which pays a pittance.
jessothomson.co.uk
I paused for 6 months in order to be able to do more immediate work on FWS. I am back in November. We'll see how that goes. But I also applied to be Sandra's supervisee when I was applying.
jessothomson.co.uk
It's all in desperate need of legislation and has been for a while
jessothomson.co.uk
The practical takeaway, sadly, is be very careful. Stay safe.
jessothomson.co.uk
Our law focuses exclusively on deception relevant to the act itself, prohibiting eg stealthing – but it has now also led to this horrific situation where somehow one's birth certificate is considered as materially relevant as whether one is wearing a condom.
jessothomson.co.uk
Will delete to clarify wording as I see it's slightly misleading.
jessothomson.co.uk
It's that you cannot rely on the consent as a defence to the harm caused iirc. But it doesn't vitiate consent to the underlying act of sex. I think the authority on this remains R v Rowe but I am out of my depth in that regard.
jessothomson.co.uk
Yes it was held to be insufficiently close to the nature of the act itself, iirc. The jurisprudence in this area is utterly baffling.
jessothomson.co.uk
My takeaway is that we might reasonably adopt an approach where any sort of deliberate deception vitiates consent - eg a man who tells you he is 35 and single but he is actually 55 married. But we cannot have a rule that is in practice for trans people alone. Especially when disclosure is dangerous.
jessothomson.co.uk
I wrote an article in January about where we have ended up in English law re. "deception as to sex", and what that means for trans people. I think it's likely we can expect to see more of these sorts of cases going forward.

www.wearequeeraf.com/a-trans-teen...
jessothomson.co.uk
Or indeed vaginally in the event of a trans man.
jessothomson.co.uk
Anything else of that nature not involving penetration would be sexual assault. It certainly is not "legal" to rape men in the UK, and it's an unpleasant anti feminist myth.
jessothomson.co.uk
You are correct however that a person without a penis cannot rape, in English law. They can however be guilty of assault by penetration, which carries the same maximum sentence as rape.
jessothomson.co.uk
If a man gets raped in the UK, it's rape. Rape requires penetration by a penis, not that the person penetrated is a woman. So if a man is orally or anally penetrated by someone's penis without consent, he has been raped.
Reposted by Jess O'Thomson
jessothomson.co.uk
Come and join us, have a great night, and raise some money for trans+ youth!