Scottish National Party leadership candidate Humza Yousaf, the member of Scottish Parliament who forced through the 2021 Hate Crime Act that made misgendering a potentially criminal offense, has apparently been reported to Scottish Police for a potential breach of his own law after he said trans-identified rapist Isla Bryson is "not a genuine trans woman" in a televised debate.
The apparent complaint made by a "concerned citizen" explains that Mr. Yousaf’s comments could be considered insulting and could potentially stigmatize transgender individuals by suggesting that Bryson is not a "genuine" trans woman, and is instead "seeking to exploit her gender identity for personal gain."
The apparent complaint states that the Hate Crime Act 2021 criminalizes conduct that is threatening, abusive, or insulting, and is intended to stir up hatred against an individual or group of people based on their protected characteristics, which includes gender identity.
As the Hate Crime Act allows for such crimes to be reported on someone else’s behalf, this concerned member of the public reportedly felt it their duty to report the incident and highlight the potential harm caused by such comments, "particularly when made by a member of the Scottish Parliament."
An article published by Wings Over Scotland goes into more detail about the nature of the possible hate crime, pointing out that under Scotland’s controversial Gender Recognition Reform bill, currently blocked by the UK government, a person has the right to self-declare a transgender identity and no one is allowed to question it.
“The central mantras of self-ID are not "acceptance with some exceptions" or "people are mostly who they say they are, subject to verification by Humza Yousaf. There are no ifs or buts with self-ID," Wings Over Scotland explains.
The article goes on to explain that the entire point of self-ID is that "no one else gets a say in the matter." So if serial rapist Isla Bryson identifies as a woman, then Isla Bryson is a woman, and crucially, disputing that is, under the Hate Crime Bill forced into law by none other than Humza Yousaf, a criminal offense.
The Scottish National Party’s own definition of transphobia includes "using phrases or language to suggest [a transgender person’s] gender identity is not valid," which is exactly what Yousaf did during the leadership debate.
The Scottish National Party leadership race got underway after First Minister Nicola Sturgeon announced her resignation last month following a plummet in her popularity over the controversy of male rapists being housed in women's prisons and the proposed Gender Recognition Reform Bill that was blocked by the British Parliament. However, Sturgeon claimed in her resignation speech that her decision to step down was not a "reaction to short-term pressures."
The Scottish Police were reached for comment.
