The Article 41 of the Trans Law: The new gift of the Spanish left-wing for rapists

@ElentirENG ES 12·23·2022 · 7:01 0

After the reduction of sentences for rapists with the "law of sexual freedom", now comes a new favor from the Spanish government to sexual offenders with the "Rrans Law".

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It allows changing the registered sex without accrediting the change in any way

The law approved yesterday (you can read the full text here) provides that anyone may modify the sex that appears in their census record to adapt it to what they call their "sexual identity", a term that Article 3 of that law defines as follows: "internal and individual experience of sex as each person feels and self-defines it, and may or may not correspond to the sex assigned at birth." Article 39 of the law does not place medical barriers to this census modification:

"The exercise of the right to rectify the registry of the mention related to sex in no case may it be conditioned to the prior presentation of a medical or psychological report related to the discrepancy with the sex mentioned in the birth registration, nor to the previous modification of the appearance or bodily function of the person through medical, surgical or other procedures."

The risk that a rapist ends up sneaking into a women's prison

In other words, any man can register as a woman just by giving his word and without having to prove absolutely anything that indicates that he perceives himself as a woman (Article 39.4 even allows him to keep the name I already had registered). In 2018, when Podemos tried to present a legislative initiative in this sense for the first time, we have already seen here one of the possible effects of this nonsense: that a rapist could be taken to a women's prison at her own request, simply by saying that she is a woman, without even requiring her to change her clothing.

Such cases have already occurred in other countries with similar laws

The supporters of that law considered that this type of objection was exaggerated, but a few months after I published that article, the case of a rapist who claimed to be a woman and asked to be taken to a female prison, abusing four inmates, become known, a case that occurred in the Kingdom United with a law very similar to the one proposed by Podemos. Last year a new case of a male pedophile who declared himself a woman, was taken to a female prison and raped an inmate, a case that occurred in the USA.

In 2021, similarly, I also warned here that any sexual predator could break into women's bathrooms just by declaring that they perceive themselves as a girl, since the law proposed by Podemos allows the registry change of sex to minors. Keep in mind that children under 16 have already participated in rapes (a case occurred in Spain). In 2017 in the US, a man who declared woman sexually abused a 10-year-old girl in a public restroom. All this for the sake of laws such as the Trans Law, which imposes gender ideology on the health of children and also on the safety of girls and women.

The PSOE and Podemos have simply ignored these risks

However, these risks do not seem to have worried the far-leftist party Podemos, promoter of the Trans Law, nor its socialist allies in the PSOE in the slightest, which despite their reluctance have ended up supporting it. With this law they have exhibited the same ideological closure, the same sectarianism and the same irresponsibility that led them to ignore the judicial warnings about the "law of sexual freedom", an attitude of arrogance typical of those who believe they are smarter than everyone and with which they have ended up unleashing more than a hundred sentence reductions for rapists and 16 releases of sexual offenders.

The dangerous Article 41 of the Trans Law and its consequences

The Article 41 of the law states in its point 1: "The resolution that agrees to rectify the registry mention of sex will have constitutive effects from its registration in the Civil Registry." And point 2 adds: "The registry rectification will allow the person to exercise all the rights inherent to their new condition." That is, once their sex has been rectified in the census, a man who declares himself a woman will be able to hold all the rights related to the female sex.

Points 3 and 4 of that article only make two exceptions to prevent men who want to be registered as women from obtaining benefits in mistreatment processes or enjoying the benefits for women established by the 2007 equality law. The Trans Law does not contemplate any measure to prevent men who claim to be women from accessing women's prisons.

Vox and the PP warned of the risks of this law for women's prisons

Vox party warned of the risk that this implies in its amendment to the entirety against that law, stating the following: "Given that the Bill allows legal sex change without the need for a medical diagnosis, hormonal treatment or genital surgery, the distortion produced by the presence of biological males in women's sports can also occur in other specifically female settings, such as prisons, toilets or shelters." Vox cited some precedents:

"The case of the British Stephen Wood, who, after having been sentenced several times for sexual abuse, decided to “change his sex” by registration (he adopted Karen White as his new name) is particularly illustrative in this regard, without hormone treatment or genital surgery; transferred to a women's prison, he sexually assaulted four inmates there. The case is not entirely exceptional: one in 50 male inmates in the United Kingdom decide to "change their sex." In the US, Demetrius Minor, who adopted the female name Demi while legally — but not genitally — transitioning to the opposite sex, impaired two female inmates in a New York prison. Jumper."

The Popular Party also referred to this issue in its amendment to the entirety, alleging "the physical integrity of women inmates in penitentiary centers" and "spaces separated for reasons of security for women" among their reasons for rejecting that law. It should be noted that all amendments to this law submitted by other groups were rejected.

Feminists asked to modify that Article 41: they were ignored

In turn, in September of this year feminist organizations grouped into a coalition called "Against the erasure of women" proposed 24 amendments to the Ley Trans (see PDF). One of the changes proposed by these organizations was to include this point in that controversial Article 41:

"For security reasons, persons deprived of their liberty will serve their sentence in the penitentiary module corresponding to their biological sex, regardless of their registered sex. Penitentiary Institutions may exceptionally grant the change of module to transsexual women with no criminal record of sexual or violent crimes, provided they have undergone genital surgery. Penitentiary Institutions will guarantee the safety of transsexual inmates who do not meet the requirements for the change to the female module."

Podemos has simply ignored this request from those feminist groups, and the PSOE has not bothered to demand that the wording of the law include that nuance.

A new gift from the Spanish left for rapists

So, that Article 41 is a new gift from the PSOE and Podemos for the violators. A gift for which their separatist and far-left partners (ERC, Bildu, PNV, Junts, CUP, BNG, Compromís and Más País) are also responsible, in addition to the Canarian nationalists and Teruel Existe (you can see here what each deputy voted for yesterday). From now on, thanks to these parties, we will be able to see in Spain cases like those that occurred in the US and the UK.

Keep in mind that Until now, a 2006 Penitentiary Institutions instruction was in force that based the separation of inmates by sex based on the "apparent sexual identity of these people, taking into consideration their physiological characters and their external appearance". The Trans Law deletes this condition, opening the door for men convicted of rape to slip into female prisons. A new attack against the safety of women carried out by a government that boasts of being "feminist" .

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Photo: Europa Press. From left to right, the Minister of Equality, the communist Irene Montero, and the Minister of Social Rights, Ione Belarra, both from the far-left party Podemos, and the president of the government, the socialist Pedro Sánchez, from the PSOE.