Introduction

Transgender activists believe that it is ethical, and should be legal, to lie about your biological sex when engaging in a sexual act with someone. In fact, some transgender activists openly advocate for this kind of dishonesty. This article will discuss the organisations looking to legalise rape by deception and the motivations behind the desire to lie about one’s biological sex in sexual interactions.

Rape by Deception

Currently, rape by deception is a criminal offense under British law. Usually, this applies to cases where people do not disclose a sexually transmitted disease before intercourse.

While there are limits on what can be classed as rape by deception, deception about biological sex can qualify as such:

When considering the issue of consent as part of the evidential stage of the Full Code Test prosecutors should be aware that the Court of Appeal in Justine McNally v R [2013] EWCA Crim 1051 determined that “deception as to gender can vitiate consent” (paragraph 27).

CPS guidelines

There is thus a hypothetical possible basis in British law for a transgender-identified individual to be prosecuted in a case where they lied about their biological sex, even though the cited guidelines go out of their way to be as nice to the transgender-identified as possible:

Whether there has been deception as to gender will require very careful consideration of all the surrounding circumstances including:

How the suspect perceives his/her gender;

What steps, if any, he/she has taken to live as his/her chosen identity; and

What steps, if any, he/she has taken to acquire a new gender status.

Transgender activist organisations are not happy about this precedent. Next, we will look at some of the arguments they have made regarding this issue.

Stonewall

Stonewall used to be a UK charity that focused on equal rights for lesbian, gay and bisexual people, and was founded to tackle homophobia. Since 2015, it has become an organisation solely devoted to transgenderism and so called ‘trans rights’, which can be better conceptualised as institutionalising compelled speech and belief and male domination over women.

So what do they have to say about rape by deception? In a document called ‘A Vision for Change: Acceptance without Exception for Trans People’ Stonewall lays out the legal changes they would like to make. Along with well-known bugbears, such as the fact that the Gender Recognition Act doesn’t allow anyone to self-identify at will, it also includes laws on sex by deception. Stonewall state:

Recent ‘sex by deception’ cases involving trans people and gender identity issues have revealed an alarming lack of clarity around trans people’s rights and obligations to disclose or not disclose their trans history to their sexual partners. These cases demonstrate that it is possible for non-disclosure of a person’s trans status to impair the validity of consent. This leaves a great many trans individuals at risk of prosecution for a criminal offence. It is, however, still unclear as to whether the courts regard this to be the case for a trans person who has undergone medical transition, and it is further greyed by whether or not an individual can be defined as trans, based on their appearance, by the court. Clarity is urgently needed.

Stonewall’s solution is:

Stonewall will support calls for a judicial review to clarify prosecution policy and guidance, and amend it where necessary with due regard to the trans person’s right to privacy

In other words, Stonewall believes that it is a ‘right’ to conceal your biological sex from someone that you are having sex with. They use the language ‘transgender history’ as if it is possible for human beings to change sex.

Cliniq

Cliniq is another transgender organisation, that claims to be a “wellbeing service for all trans people, partners and friends”. What do they have to say about rape by deception? Well, a few years ago they published a document called Cruising: A Trans Guy’s Guide to the Gay Sex Scene. While they did remove this document from their website, seemly because of the scrutiny some gay men were subjecting it to, it survives in the Wayback Machine.

The insanity in this document begins with dehumanising definitions, including ‘front hole’ for vagina and using the term ‘cock’ to refer to arm skin stitched to the crotch of a woman as well as the actual male organ.

The document acknowledges that gay male saunas do not want women present, but of course, advocate lying rather than staying out of gay male spaces:

Saunas and clubs often have a men only policy. Some are formally enforced and neither welcome or understand trans guys. Some guys choose to go stealth if it is possible for them.

Having got into these saunas by deception, the document also states that biological sex does not have to be disclosed when participating in sex acts:

Deciding if and when to tell people you are trans can be tricky. Some guys might not tell their sex partners. Others might tell them straight away. Some of us might not have a choice based on our identity, presentation or stage of transition. It helps to work out what feels right for you.

So this is another transgender organisation advocating rape by deception.

The Transgender Fantasy

It isn’t surprising that some transactivist groups and individuals would advocate for allowing rape by deception. Fundamentally, transgender ideology is based on the fantasy that one can be, or become, the opposite sex. This fantasy, in order to be maintained, requires deception. Transgender-identified individuals are seeking to deceive the entire world about their sex. They call this concept ‘passing’. In reality, the idea of ‘passing’ is largely a mirage due to the large number of differences between male and female bodies. Nevertheless, ‘passing’ remains the aim of transgenderism, and these activists do believe that it is possible. Trans ideologists will say things like “Trans women were always using women’s toilets, but you just couldn’t tell that they were trans”, thus implying the ‘passing trans woman’ exists.

The desire for ‘passing’ is because it gives the trans activist what they really want, which is validation. Every time the ‘gender identity’ of a transgender-identifying individual is ‘affirmed’ by using the ‘correct’ pronoun, this is validating (and in the case of autogynephiles, sexually stimulating).

The ultimate transgender fantasy is the idea that one can ‘pass’ as the opposite sex not just in social situations where clothes can be used to hide reality, but in the bedroom. A short clip from trans-identified male Samantha Lux sums up the desire for validation by sexual deception (It’s worth noting that Lux is not some obscure figure but has well over 600,000 subscribers and is known for getting people cancelled who criticise him). In the clip, which features some obnoxious music in the background, Samantha shakes his head at the idea of ‘thousands of guys who know I’m trans trying to get with me’ but nods his head to the idea of ‘tricking straight men into being with me’. In other words, Lux has little sexual interest in people who know that he is a male claiming to be a woman but are nevertheless sexually attracted to him. Instead, he is interested in deceiving straight men into sex, because it ‘validates his identity’ as a woman.

Conclusion

There is a concerted campaign to undermine sexual consent by trans activists. This is all in the name of validation for their transgender identification, as being able to trick someone in the bedroom is the ultimate affirmation that one is the opposite sex.