Police Scotland considered logging double rapist Isla Bryson as female on sex offenders' register

Last week, Police Scotland's chief constable said the force would never record a male rapist as female. But, amid a row in Scotland over transgender prisoners, now a leaked document obtained by Sky News casts doubt on whether that has always been the position.

Connor Gillies

Scotland correspondent

Thursday 3 October 2024 12:12, UK

Why you can trust Sky News

Police Scotland considered recording notorious double rapist Isla Bryson as a female on the sex offenders' register, Sky News can reveal.

Bryson, who changed gender while waiting to stand trial, was last year jailed for eight years for raping two women in West Dunbartonshire and Glasgow while known as Adam Graham.

Scottish Prison Service (SPS) guidance at the time saw Bryson initially housed in segregation at Cornton Vale women's prison near Stirling while awaiting sentencing.

Bryson was quickly moved to the male estate following a public outcry, with the scandal engulfing the final weeks of Nicola Sturgeon's premiership as first minister.

The row occurred around the same time the Scottish parliament voted to make it easier for transgender people to change their legally recognised sex.

The controversial Gender Recognition Reform (Scotland) Bill was ultimately blocked from becoming law by the UK government, with Holyrood since dropping further legal action to contest the overruling.

Rape defined as penetration by penis without consent

Last week, Police Scotland was forced to say it would never record a male rapist as female.

In Scotland, rape is defined in law as penetration by a penis without consent.

Chief Constable Jo Farrell told Sky News: "You can only commit that crime as a man."

When questioned by Sky News amid confusion over the force's gender policy, CC Farrell denied that its stance had changed.

She stated: "No, that isn't a different position. That's exactly, exactly the same position."

But now a leaked document obtained by Sky News casts doubt on whether that has always been the case.

The internal file from last year titled Sex and Gender discussed how Bryson could be dealt with when released from prison.

'They may be recorded as female'

It stated: "When this individual comes back into contact with Police Scotland it would likely be a public protection matter in the management of sex offenders.

"In this instance they may be recorded as a female with the name Isla Bryson however the trans history would be appropriate to be retained on relevant policing systems."

The dossier describes the areas where Bryson could be recorded as female, including the crime database and sex offenders' register.

Rapist would be 'likely treated as a woman'

A police source said this would mean the rapist would likely be treated and referred to as a woman.

A Police Scotland spokesperson said: "This report from 2023 set out proposals on potential future recording practices and standards in relation to sex and gender from a data analysis perspective.

"The chief constable addressed the matter of gender self-identification at the Scottish Police Authority board in September 2024, during which Police Scotland committed to a broader review."

Scottish Conservative deputy leader Rachael Hamilton MSP said Police Scotland had "serious questions to answer" following the "jaw-dropping revelation" and that it appeared to "completely contradict what the chief constable and her deputy said last week regarding their position on gender self-ID".

"Police bosses and SNP ministers must urgently come clean as to why this insulting, out-of-touch policy was ever adopted, and reassure the public that it has been ditched for good," she added.

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