Wives could face abuse charges for failing to use a transitioning partner’s “correct” pronouns, a think tank claims.
A report, backed by leading politicians and judicial experts, also warns that current Crown Prosecution Service guidelines mean individuals could be prosecuted for not financially supporting their other half during the process.
And one top lawyer says prosecutors are at risk of “losing the plot entirely” by ignoring the law in favour of “gender identity theory” championed by campaign groups.
The report, from the Policy Exchange, raises concerns about the CPS’s relationship with LGBT charity Stonewall.
The think tank warns the CPS has “allied itself with groups and individuals who represent only one side of this debate”.
Legal guidance on domestic abuse produced by the prosecution service says trans people may be considered “abused” as a result of partners or family members “withholding money for transitioning” or “refusing to use their preferred name or pronoun”.
But the PE says the guidance follows “Stonewall law” and not the “actual law”. It states the law “places no obligations on spouses and partners to financially or otherwise support a partner’s transgender identity”.
Today’s report, by legal academic Maureen O’Hara, warns the CPS has “adopted a highly partisan ideological approach based on gender identity theory”.
Lord Sandhurst KC, a former chair man of the Bar Council, described it as a “wake-up call”.
He said: “This paper shows the CPS has lost its way and risks losing the plot entirely.”
And former justice secretary Sir Robert Buckland called for the CPS to “think again about the influence of gender identity ideology on its policies”. He added: “The issue of gender is a deeply sensitive area.
“To reflect gender identity beliefs as a set of undisputed facts is not only mistaken but it comes at a huge cost – especially to the women and children the criminal law should be there to protect.”
But a Stonewall spokesperson said: “This report has a fantastical understanding of how Stonewall, through its Diversity Champions programme, works with employers such as the CPS, and lacks credibility.
“We provide guidance to employers on staff inclusion, but it has nothing to do with influencing policy, as this report erroneously claims.”
A CPS spokesman said: “We are reviewing our guidance to ensure it helps prosecutors understand the lasting impact domestic abuse can have on victims and their families.
“Prosecutors should consider the wider context of patterns of behaviour, power, and control when they are considering appropriate charges in line with the law.”
