Police Scotland has been told they have "serious questions to answer" over reports they considered recording a double rapist as a woman on the sex offenders' register.
Adam Graham started identifying as Isla Bryson while waiting to stand trial after being charged. He was arrested and recorded as male but was allowed to be processed in court as a woman.
The case sparked outrage after Bryson — who was sentenced to eight years and placed on the sex offenders’ register indefinitely — was initially housed in Cornton Vale, Scotland’s only female prison.
A backlash led to them being moved to Barlinnie and forced a change in policy with all newly convicted or remanded transgender prisoners now being initially kept in an "establishment commensurate with their birth gender" regardless of their crime or their legal gender.
Last week, Police Scotland's Chief Constable insisted the force's position had always been that rape — defined in law as involving penetration by a penis without consent — can only be committed by man.
That was despite the service telling MSPs that allowing individuals charged or convicted of rape or attempted rape to "self-declare" their sex fosters "a strong sense of belonging".
A document from 2023, titled ‘Sex and Gender’, obtained by Sky News, reveals there were internal discussions in Police Scotland about how to record Bryson's gender.
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."
It goes on to state that Bryson could be recorded as female on the crime database and sex offenders' register.
READ MORE
- Police Scotland to review trans policies after outcry over sex crime self-ID
- SPS boss defends controverisal new policy on transgender prisoners
- Transgender rapist Isla Bryson jailed for eight years for attacks on two women
Scottish Conservative deputy leader Rachael Hamilton said: “Police Scotland have serious questions to answer following this jaw-dropping revelation.
“If they were prepared to allow a double rapist to be registered as a woman, it’s not just grotesque and offensive, it appears to completely contradict what the Chief Constable and her deputy said last week regarding their position on gender self-ID.
“The SNP’s reckless self-id policy, which only the Scottish Conservatives opposed, has become embedded in public bodies for far too long.
“Common sense tells you that this vile predator should always be referred to as a male.
“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.”
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."
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