Forces are now expected to begin recording criminals’ birth sex rather than preferred gender in official crime statistics following the ruling, which stated that trans women are not the same as biological women under equality laws.
It will end a situation where some police forces record rapists as being women, even though the legal definition of the crime requires a penis.
Campaigners, including gender critical police officers, have hailed the move as a victory for common sense and have said it will help restore public confidence in policing.
Current guidance from the National Police Chiefs’ Council (NPCC) recommends forces ask suspects if they are “male”, “female” or “intersex”.
But it goes on to state that: “Using the term ‘gender’ as a substitute for the term ‘sex’ is not appropriate as gender is not a protected characteristic.
“Gender is a social construction relating to behaviours and attributes based on labels of masculinity and femininity.”
However, not all forces follow the guidance and a recent report into the way public bodies collect data on sex and gender revealed that at least 12 police forces allowed rape suspects and other sexual offenders to self declare their preferred gender identity.
This means men arrested on suspicion of violent sexual attacks can self-identify as a woman and be recorded as such on official statistics.
The records form part of the annual data requirement (ADR), submitted by every police force in England and Wales to the Home Office.Last year, in a change of policy, Police Scotland announced that rape suspects would no longer be able to self identify as female.
It followed controversy over the case of Adam Graham who began identifying as a woman named Isla Bryson while awaiting trial accused of two rapes.
After being convicted and jailed for eight years, Bryson was initially sent to a women’s prison, but he was subsequently moved following a public outcry.
Following the scandal, the NPCC announced a review into the issue in England and Wales, but it has yet to report.
