How should the law deal with gender deception in sexual offences?

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m-k1
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I feel like the current law doesn’t take a victim centred approach, but we must also consider that people are transgender and the law fails to protect them.

Whats everyones opinions on this difficult question?
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PQ
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Can you explain why you feel the law isn’t victim centred? Which cases do you think have been badly served by the current system?
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m-k1
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(Original post by PQ)
Can you explain why you feel the law isn’t victim centred? Which cases do you think have been badly served by the current system?
I feel like R v EB had a bad outcome..because we can reasonably assume that the victim would not have consented if she was aware of the defendants HIV status. But then again I understand that non-disclosure should not vitiate consent

I feel like the McNally case is really problematic. The idea of ‘common sense’ values doesn’t take a victim centred approach because common sense is subjective. People have different values of what factors would vitiate consent
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iDeano
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(Original post by m-k1)
I feel like the current law doesn’t take a victim centred approach, but we must also consider that people are transgender and the law fails to protect them.

Whats everyones opinions on this difficult question?

Gender deception is wrong.
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m-k1
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(Original post by iDeano)
Gender deception is wrong.
What makes you think that?
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iDeano
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(Original post by m-k1)
What makes you think that?
If I have intercourse with a woman, I should feel confident that they are a woman.

What part of gender deception isn't wrong? If somebody is so confident of the gender they wish to be, then they should disclose their history to the other party.
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m-k1
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(Original post by iDeano)
If I have intercourse with a woman, I should feel confident that they are a woman.

What part of gender deception isn't wrong? If somebody is so confident of the gender they wish to be, then they should disclose their history to the other party.
Ah ok, from a legal sense the laws reasoning for criminalising gender deception is problematic because non-disclosure cannot lead to prosecution
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iDeano
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(Original post by m-k1)
Ah ok, from a legal sense the laws reasoning for criminalising gender deception is problematic because non-disclosure cannot lead to prosecution

It should. I hope that changes.

It's morally SO wrong
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