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As Above So Below
UK parents could be charged with domestic abuse for not using their child's preferred pronoun
A fresh row erupted yesterday over controversial guidelines from the Crown Prosecution Service that could allegedly lead to parents being charged with domestic abuse for not using their child's preferred pronoun.The CPS faced claims it was 'losing the plot' over guidance that could also mean someone who refuses to fund their partner's transitioning process could be committing a serious offence. However, The Mail on Sunday was told the CPS was now reviewing its controversial 'Impacts of Domestic Abuse' advice.
Earlier this year, feminist campaigner Maya Forstater branded the prosecution service 'ideologically captured'. And in a scathing report, the Policy Exchange think-tank called on the CPS to replace the guidelines with something that follows British law instead of 'Stonewall law': a reference to the controversial 'diversity' charity.
In a report backed by ex-Justice Secretary Sir Robert Buckland and two former senior judges, Policy Exchange said the law placed no obligations on spouses and partners to support a partner's transgender identity – but that the CPS legal guidance on domestic abuse appeared to suggest otherwise.
Last night, Sir Robert said: 'The issue of gender is deeply sensitive. To reflect gender identity beliefs as a set of undisputed facts is not only mistaken but comes at a huge cost, especially to the women and children the law should be there to protect.'
He added: 'Policy Exchange's report points out that failing to support a partner's feelings about their gender is not equivalent to a form of domestic abuse, which is a serious offence.'
Former Lord Justice of Appeal, Sir Patrick Elias, said: 'The paper raises very serious concerns about the impartiality and independence of the CPS when dealing with the highly sensitive issue of the treatment of transgender persons. It appears to have adopted uncritically the controversial views of Stonewall.'
The report was released just as a new Director of Public Prosecutions – Stephen Parkinson – took up his post and last night, the CPS made clear that parts of the domestic abuse advice were now being reviewed.
A spokesman said: 'We are reviewing our guidance to ensure it helps prosecutors understand the lasting impact domestic abuse can have. Prosecutors should consider the wider patterns of behaviour, power and control when considering appropriate charges in line with the law.'
However, Stonewall took issue with the Policy Exchange report. A spokesperson said: 'This report has a fantastical understanding of how Stonewall, through its Diversity Champions programme, works with employers such as the CPS, and as such lacks credibility.
'We provide guidance and advice to employers on staff inclusion, which organisations take by choice, but it has nothing to do with influencing external policy, as this report erroneously claims.'
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