The Scottish Prison Service has "paused" moving transgender convicts to women's jails following the outcry over a double rapist who identifies as female.
Isla Bryson, born Adam Graham, was convicted last Tuesday of raping two 'vulnerable' women in 2016 and 2019. It emerged that he only began transitioning as a woman in 2020 after his first court appearance on rape charges.
Bryson — who attended court in tight leggings accentuating the outline of his penis and a wig covering his large facial tattoos — was remanded in custody until his sentencing on February 28. The prison service confirmed on Wednesday that he would be held at Cornton Vale women's and young offenders jail in Sterling.
But on Thursday, Scottish National Party (SNP) leader Nicola Sturgeon, the first minister in the devolved regional government, was forced to make a U-turn and announced that Bryson would be moved to an unspecified facility.
Scottish justice secretary Keith Brown, who last week championed the decision to house Bryson in a women's prison, claimed he now acknowledged women's concerns after ordering an "urgent lessons learned review" to be completed by Friday.
"I understand that the issue of any trans woman being convicted of violent and sexual offences is a highly emotive subject and that the public concern is understandable," Brown said.
But he stressed that "we must not allow any suggestion to take root that trans women pose an inherent threat to women," echoing Sturgeon's comments last week, and insisted that the threat to women's safety was from "predatory men."
"However, as with any group in society, a small number of trans women will offend and be sent to prison," Brown admitted. "I hope that the measures I am about to highlight will offer reassurance in the ongoing ability of the prison service to manage trans individuals and ensure the safety of all prisoners."
Aside from the safety of women locked up with male sex offenders, female prison officers are required to perform 'rub-down' searches for weapons and contraband on those who identify as women in both men's and women's jails.
Cornton Vale already houses Katie Dolatowski, a 6'5" (1.96m) transsexual who was convicted of sexually assaulting a 10-year-old girl in a supermarket toilet. Dolatowski was transferred there after violently attacking a fellow prisoner in the canteen of a men's jail.
The scandal has been a major embarrassment for the SNP, which ignored the concerns of Scottish women's groups in December to force the Gender Recognition Reform (GRR) bill through the devolved parliament in Holyrood. The legislation would allow individuals as young as 16 to gain legal status as a member of the opposite sex after just three months, without needing a medical diagnosis of gender dysphoria.
The SNP and its coalition partners the Scottish Greens voted down an amendment proposed by the Scottish Conservatives to deny the Gender Recognition Certificate (GRC) to convicted sex offenders.
The UK's Conservative government has since announced it will use powers under devolution legislation to prevent the GRR from receiving royal assent, necessary for it to become law. Sturgeon has vowed to launch a court challenge to that move.