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  • Topic: Privacy and expectations under the GRA 2004 & EHRC

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    • March 21, 2017 6:53 PM GMT
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      Privacy and expectations under the GRA 2004 & EHRC

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      By Heat Street Staff | 4:17 am, March 21, 2017

      A convicted rapist who had a publicly-funded sex change operation while in prison has been moved to a women’s jail.

      Father-of-three Martin Ponting was jailed for life in 1995 after attacking two girls. He was serving his sentence at the high security men’s jail HM Prison Whitemoor in Cambridgeshire, eastern England.

      Having decided to live as a woman, Ponting, now 50 years old, had a £10,000 ($12,500) sex change operation courtesy of British taxpayers and now goes by the name Jessica Winfield. He changed his name at least a decade ago.

      According to The Sun, Winfield is currently serving time in the women’s jail HM Prison Bronzefield in Surrey and is hoping to be released this year.

      One of Winfield’s victims told The Sun: “He may have changed physically but his brain is still the same. To assume the identity of a woman after what he did is a kick in the teeth. There are not enough words to describe him and the evil he has done. It is diabolical they have allowed him to have a sex change and diabolical that he could be freed this year. He may have changed physically but his brain is still the same. You can change somebody’s genitals but it’s not going to take away the urge and impulse inside them to do horrific things to children. I feel like it mocks the people he offended against. It is a kick in the teeth for me and his other victim.”

      Transgender prisoners in the UK have been allowed to apply for publicly-funded gender surgery since 1999.

       

       Cristine Shye

      Previous Names

      It is rare for an article about a transgender person not to reveal their previous name. This conveys the false impression that transgender people are happy to have their previous names made public. A transgender person takes a new name to reflect their public change of gender. They discard the old name in the process and the deed poll on change of name is quite emphatic about this. Under no circumstance is the old name retained.

      Why should you avoid revealing a transgender person's former name?

      • You may place the transgender person at risk or harrassment.
      • You may place yourself at risk of prosecution.
      • It may be very difficult for you to undo your actions.

      When a Gender Recognition Cerificate (GRC) is awarded, it becomes a criminal offence to reveal the owner's transgender history. At present the fine is £5000. It is the individual who reveals the name, not the organisation for which they work, who will face charges. There are no exemptions for journalism as there are with the Data Protection Act. Section 22 of the Gender Recognition Act was created with an "expectation of privacy" in mind.

      It is important for a transgender person to be able to wipe the slate clean, to live a life free from persecution. Provided they have no outstanding debts, their credit history will be erased. They will be entitled to a new passport and driving licence. There is even a fresh birth certificate to help them through life. All of this is to no avail if their previous and current name are linked on a website. When this happens, such a person has no choice but to change their name again if they want the privacy to which they are entitled.

      Whilst the legal position is not cut-and-dried, it is heavily weighted in favour of the transgender person. Even colleagues discussing a post-transitional person may be in breach of this law. Even before the award of a GRC, charges of harassment may be applied if the person is reported about on separate occasions using their previous name. Any article remaining on the internet following the award of a GRC may expose its author and editor to risk of prosecution.

      The award of a GRC is never publicly announced, of course. There have been no high-profile prosecutions under Section 22 but that situation is unlikely to last. It is best to respect the terms of the person's deed poll and refer to them by their chosen name only.

         
       It would be common knowlege in the previous mens prison as to this persons status and gender change,    BUT when she was transfered to the womans prison, every effort should have been made to avoid the previous name and status being revealed.   It does not do the rest of the Trans community any favours!    I hope the women in the prison where this person  now resides make it clear that women in society are not afforded any special privalages and are barred from making any claims for compensation for any discomfort and harrasment they receive,     One case I would have to refuse, acting for a plaintif in this situation. 
      This post was edited by Cristine, Shye BL at March 22, 2017 8:33 PM GMT
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      Cristine Jennifer Shye B.acc. BL (GS Admin) Tongue out

    • March 22, 2017 3:20 PM GMT
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      Emotions should not be a factor in a case like this.    She got what she needed a provision in law, surgery etc, and she is entitled to privacy as a transgendered person, as such she should not be ridiculed, harrased, bullied for being transgendered.   BUT as a convicted rapist it goes with the ''job'' ie, racing drivers take the risk of inury by being involved in a crash, if they get hurt they accept it as part of the job they do, other drivers if they are inured by another driver who drives while drunk, thats another matter.  Convicted rapist can expect to be villified, but being a transgendered person should not be alluded to regarding the crime.   All to often these occasions are sensationalised by the press as if it was because a person is transgendered and that was a reason for commiting such a dastardly offence.

      This post was edited by Cristine, Shye BL at March 22, 2017 7:34 PM GMT
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      Cristine Jennifer Shye B.acc. BL (GS Admin) Tongue out

    • March 22, 2017 9:20 PM GMT
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      Question for you Crissie...

      How long is the process of getting one's name and records changed in the UK?  Is there much resistence along the way from the "system"?  And is it costly to that person?

      Thnx...

      Traci xoxo

       

    • March 22, 2017 9:31 PM GMT
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      Basically one can change ones name and gender overnight, just by completing a change of name deed poll, then the time it takes to notify all relevant departments and busineses.   Obviously passports and driving licences and government departsments take a little longer all depends on the postal system.  By law people must recocognise your new gender and name when they receive the deed poll.  After two years living in ones new gender, one can apply to have their birth certificate gender and name changed and then are legally the new gender for all intense and purpose regarding marriage pension entitlement.  

       

      http://gendersociety.com/forums/topic/10047/changing-your-name-legally-in-the-uk

       

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      Cristine Jennifer Shye B.acc. BL (GS Admin) Tongue out

    • March 22, 2017 9:39 PM GMT
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      Thnx!!  Seems pretty simple to me!

      xoxo

    • March 23, 2017 9:30 AM GMT
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      As you say Cris ,"All to often these occasions are sensationalised by the press as if it was because a person is transgendered and that was a reason why they committed such a dastardly offence".Transgendered people are victimised by this and emotionally affected by this,Non Transgendered people are not victimised and not emotionally affected.There is the exception which is people who assert the emotion and actions of fury in false judgement .Why are the Press still inciting likely prejudice toward Transgender people by this careless toxic association.
    • March 23, 2017 2:57 PM GMT
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      The question everyone is asking, should this type of crime warrant the same human rights as any 'normal' person, the expense of surgery etc. when children are denied certain types of treatment due to prohibitive costs, or even getting ahead in the que for reasignment surgery.   We are not talking about stealing a carton of milk or a loaf of bread here, we are aware two young girls were violently raped and traumatised.    Now I am aware the Ian Huntley who murdered and sexually asaulted  two very young schoolgirls has stated his intention to go the same route.    Whilst my remit is to defend human rights and my commitment to the transgender community to be treated fairly with respect and get what they need under the existing laws, are human rights being extended to the point that, these people can disadvantage society in general.   Are these animals entitled to the same rights as honest decent people regardless of being transgendered or not.   They should in my opinion only deserve the basic needs to keep them alive to serve out any sentence imposed upon them.

      This post was edited by Cristine, Shye BL at March 23, 2017 6:02 PM GMT
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      Cristine Jennifer Shye B.acc. BL (GS Admin) Tongue out

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