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  • 14 Apr 2019
    Gender identity, whether consistent or inconsistent with other sex characteristics, may be understood to be “much less a matter of choice and much more a matter of biology” (Coolidge et al., 2000). The scientific evidence supports the paradigm that transsexualism is strongly associated with the neurodevelopment of the brain (Zhou et al., 1995; Kruijver et al., 2000). It is clear that the condition cannot necessarily be overcome by “consistent psychological socialisation as male or female from very early childhood” and it is not responsive to psychological or psychiatric treatments alone (Green, 1999). It is understood that during the fetal period the brain is potentially subject to the organising properties of sex hormones (Kruijver et al., 2000; 2001; 2002; 2003). In the case of transsexualism, these effects appear to be atypical, resulting in sex-reversal in the structure of the BSTc, and possibly other, as yet unidentified, loci (Kruijver, 2004). The etiological pathways leading to this inconsistent development almost certainly vary from individual to individual, so no single route is likely to be identified. Different genetic, hormonal and environmental factors, acting separately or in combination with each other, are likely to be involved in influencing the development of the psychological identification as male or female. Psychosocial factors and cultural mores are likely to impact on outcomes (Connolly, 2003).     Cristine Shye The scientific literature has already come to a consensus on the existence of cognitive sex differences, especially with regard to spatial ability. Both neural/hormonal and social factors contribute to those differences. See Diane Halpern's "Sex Differences in Cognitive Abilities". Stereotypes, including gender stereotypes, are mostly accurate. So saying that some view or conclusion is a gender stereotype is not a real criticism. See Lee Jussim's "Social Perception and Social Reality: Why Accuracy Dominates Bias and Self-Fulfilling Prophecy". Finally, let's assume the real reason why women have bigger corpus callosums is that they have smaller brains. Does the relation between sex and corpus callosum size cease to exist? No. Women on average will still have larger corpus callosums and all the (presumed) behavioural/cognitive characteristics associated with it.  If you look at the sexual dimorphism from an evolutionary perspective, this makes perfect sense. In early human societies, men went out to hunt while women stayed in the village (with very few exceptions). The traits that made men more successful were those that allowed them to be better hunters and warriors: so coordinated action, perception of environmental opportunities and dangers. For the women in the village, their success is more dependent on "politics" and relationships. Instead of organising hunts, the successful woman is one who is well liked by people and use strong communication skills and wits to solve problems (and not brawn since they will lose to the stronger males). Thus over time, as the traits that marks a successful man and woman differs, it makes sense that there should be sexual metamorphism in brain structures.  Which in turn is a probable and logical cause for some brain structure difference in male to female transexuals. CONCLUSION The male and the female brains show anatomical, functional and biochemical differences in all stages of life. These differences begin early during development due to a combination of genetic and hormonal events and continue throughout the lifespan of an individual
  • Gender identity, whether consistent or inconsistent with other sex characteristics, may be understood to be “much less a matter of choice and much more a matter of biology” (Coolidge et al., 2000). The scientific evidence supports the paradigm that transsexualism is strongly associated with the neurodevelopment of the brain (Zhou et al., 1995; Kruijver et al., 2000). It is clear that the condition cannot necessarily be overcome by “consistent psychological socialisation as male or female from very early childhood” and it is not responsive to psychological or psychiatric treatments alone (Green, 1999). It is understood that during the fetal period the brain is potentially subject to the organising properties of sex hormones (Kruijver et al., 2000; 2001; 2002; 2003). In the case of transsexualism, these effects appear to be atypical, resulting in sex-reversal in the structure of the BSTc, and possibly other, as yet unidentified, loci (Kruijver, 2004). The etiological pathways leading to this inconsistent development almost certainly vary from individual to individual, so no single route is likely to be identified. Different genetic, hormonal and environmental factors, acting separately or in combination with each other, are likely to be involved in influencing the development of the psychological identification as male or female. Psychosocial factors and cultural mores are likely to impact on outcomes (Connolly, 2003).     Cristine Shye The scientific literature has already come to a consensus on the existence of cognitive sex differences, especially with regard to spatial ability. Both neural/hormonal and social factors contribute to those differences. See Diane Halpern's "Sex Differences in Cognitive Abilities". Stereotypes, including gender stereotypes, are mostly accurate. So saying that some view or conclusion is a gender stereotype is not a real criticism. See Lee Jussim's "Social Perception and Social Reality: Why Accuracy Dominates Bias and Self-Fulfilling Prophecy". Finally, let's assume the real reason why women have bigger corpus callosums is that they have smaller brains. Does the relation between sex and corpus callosum size cease to exist? No. Women on average will still have larger corpus callosums and all the (presumed) behavioural/cognitive characteristics associated with it.  If you look at the sexual dimorphism from an evolutionary perspective, this makes perfect sense. In early human societies, men went out to hunt while women stayed in the village (with very few exceptions). The traits that made men more successful were those that allowed them to be better hunters and warriors: so coordinated action, perception of environmental opportunities and dangers. For the women in the village, their success is more dependent on "politics" and relationships. Instead of organising hunts, the successful woman is one who is well liked by people and use strong communication skills and wits to solve problems (and not brawn since they will lose to the stronger males). Thus over time, as the traits that marks a successful man and woman differs, it makes sense that there should be sexual metamorphism in brain structures.  Which in turn is a probable and logical cause for some brain structure difference in male to female transexuals. CONCLUSION The male and the female brains show anatomical, functional and biochemical differences in all stages of life. These differences begin early during development due to a combination of genetic and hormonal events and continue throughout the lifespan of an individual
    Apr 14, 2019 67
  • 25 Mar 2019
    Regardless of voting leave or remain, the very basis of our democracy is in question, remainers and leavers should honour the result and unite to shame this despicable parliament, what will they do to ignore the people the next time, put troops on the street and shoot us??????? for going against what these despicable shameless greedy politicians want? If a million leavers marched on London they would have been met with Armed troops, water cannons, rubber bullets and tear gas launchers.
  • Regardless of voting leave or remain, the very basis of our democracy is in question, remainers and leavers should honour the result and unite to shame this despicable parliament, what will they do to ignore the people the next time, put troops on the street and shoot us??????? for going against what these despicable shameless greedy politicians want? If a million leavers marched on London they would have been met with Armed troops, water cannons, rubber bullets and tear gas launchers.
    Mar 25, 2019 66
  • 22 Mar 2019
    The EU has handed Theresa May two weeks’ grace to devise an alternative Brexit plan if her deal falls next week after the prime minister failed to convince the bloc that she was capable of avoiding a no-deal Brexit. After a marathon late-night session of talks, the EU’s leaders ripped up May’s proposals and a new Brexit timeline was pushed on the prime minister to avoid the cliff-edge deadline of 29 March – next Friday. Under the deal agreed by May, Britain will now stay a member state until 12 April if the withdrawal agreement is rejected by MPs at the third time of asking. The government will be able to seek a longer extension during that period if it can both “indicate a way forward” and agree to hold European elections. In the unlikely event that May does win the support of the Commons when the Brexit deal goes to MPs again on Tuesday, the UK will stay a member state until 22 May to allow necessary withdrawal legislation to be passed. “The 12 April is the new 29 March,” an EU official said.   When did the bill pass through Parliament revoking the Withdrawal Act which categorically states that we will leave the EU, irrespective of any deal, on 29th March? A bill passed into law. Does parliament now intend to break the law? To revoke article 50, firstly a green paper prepared and presented in the house of commons, after amendments and being passed  then a white paper debated amended before being presented to the house of lords, debated amended and ratified and passed into law.      As one EU official has said, "The UK Parliament is unable [or unwilling] to deliver the will of the people
  • The EU has handed Theresa May two weeks’ grace to devise an alternative Brexit plan if her deal falls next week after the prime minister failed to convince the bloc that she was capable of avoiding a no-deal Brexit. After a marathon late-night session of talks, the EU’s leaders ripped up May’s proposals and a new Brexit timeline was pushed on the prime minister to avoid the cliff-edge deadline of 29 March – next Friday. Under the deal agreed by May, Britain will now stay a member state until 12 April if the withdrawal agreement is rejected by MPs at the third time of asking. The government will be able to seek a longer extension during that period if it can both “indicate a way forward” and agree to hold European elections. In the unlikely event that May does win the support of the Commons when the Brexit deal goes to MPs again on Tuesday, the UK will stay a member state until 22 May to allow necessary withdrawal legislation to be passed. “The 12 April is the new 29 March,” an EU official said.   When did the bill pass through Parliament revoking the Withdrawal Act which categorically states that we will leave the EU, irrespective of any deal, on 29th March? A bill passed into law. Does parliament now intend to break the law? To revoke article 50, firstly a green paper prepared and presented in the house of commons, after amendments and being passed  then a white paper debated amended before being presented to the house of lords, debated amended and ratified and passed into law.      As one EU official has said, "The UK Parliament is unable [or unwilling] to deliver the will of the people
    Mar 22, 2019 75
  • 17 Mar 2019
    Members of Parliament are our servants, elected to do our bidding, they are not our masters, that is why Cromwell fought a corrupt King and instituted a people's will parliament.   A referendum was held and both parties swore in their manifesto's at a subsequent election to abide by the will of the people relating to that referendum.   Shame on these self centred, corrupt buffoons, who are openly defying the will of the people. Do people not realise every time you buy simple things like a jar of coffee, rice, Chinese electronics, stuff from America, Japanese cars, the import tariff levied goes directly to the EU. This country should not have even looked for a deal, we import more from the EU, than the EU buys from us, so we should have just done tit for tat, put up import duties on French and German Cars, French wines and cheeses, used the earnings from these tariffs to subsidise Japanese cars manufactured in the UK.  More Poll tax style riots expected  
  • Members of Parliament are our servants, elected to do our bidding, they are not our masters, that is why Cromwell fought a corrupt King and instituted a people's will parliament.   A referendum was held and both parties swore in their manifesto's at a subsequent election to abide by the will of the people relating to that referendum.   Shame on these self centred, corrupt buffoons, who are openly defying the will of the people. Do people not realise every time you buy simple things like a jar of coffee, rice, Chinese electronics, stuff from America, Japanese cars, the import tariff levied goes directly to the EU. This country should not have even looked for a deal, we import more from the EU, than the EU buys from us, so we should have just done tit for tat, put up import duties on French and German Cars, French wines and cheeses, used the earnings from these tariffs to subsidise Japanese cars manufactured in the UK.  More Poll tax style riots expected  
    Mar 17, 2019 82
  • 20 Feb 2019
    Hi I'm Alana a pre op mtf who on April 8th I have my grs at charing Cross a decision that wasn't taken lightly. You see in life we all make decisions whether it be what we are doing one day or another or what's for tea or go for a drink. But for most trans cds and tvs there decisions are a whole lot more complicated. I came out as trans many moons ago and my family thought and even I thought it was a phase so I put it to the back of my head but still told them I like to dress I even lost my wife and 2 beautiful daughters from the decision I made. But as I was dressing more I became more moody until I couldn't cope anymore. I went and seen my gp and told them what was happening that I couldn't cope with just dressing and that I wanted to be alana full time. They referred me to charing Cross and they where amazing telling me how long the wait is and all the complications with hrt. I went back home and that is when I had to make decisions I told family who where supportive except my father I had to sell my business and also divorce from my wife of 5yrs it was heartbreaking but people say I was selfish but how could I be living a lie. So many trans and crossdressers live a lie and can't get out of what's happening so make the decision of either being happy or live a lie. Me now I'm happy but nervous about the new road I'll be going down xxx
    131 Posted by Alana Anderson
  • Hi I'm Alana a pre op mtf who on April 8th I have my grs at charing Cross a decision that wasn't taken lightly. You see in life we all make decisions whether it be what we are doing one day or another or what's for tea or go for a drink. But for most trans cds and tvs there decisions are a whole lot more complicated. I came out as trans many moons ago and my family thought and even I thought it was a phase so I put it to the back of my head but still told them I like to dress I even lost my wife and 2 beautiful daughters from the decision I made. But as I was dressing more I became more moody until I couldn't cope anymore. I went and seen my gp and told them what was happening that I couldn't cope with just dressing and that I wanted to be alana full time. They referred me to charing Cross and they where amazing telling me how long the wait is and all the complications with hrt. I went back home and that is when I had to make decisions I told family who where supportive except my father I had to sell my business and also divorce from my wife of 5yrs it was heartbreaking but people say I was selfish but how could I be living a lie. So many trans and crossdressers live a lie and can't get out of what's happening so make the decision of either being happy or live a lie. Me now I'm happy but nervous about the new road I'll be going down xxx
    Feb 20, 2019 131
  • 18 Jan 2019
    https://gendersociety.com/forums/topic/10178/-/view/post_id/72165%3C/a%3E   People may have read http://gendersociety.com/forums/topic/10112/divorcing-and-the-unreasonable-transexual where a sugestion that divorce law may be changed to view transexual people more favourably in cases of divorce, this is done by a judge setting a precedent,  Stare Decisis (Latin, Let the decision stand.] The policy of courts to abide by or adhere to principles established by decisions in earlier cases.) The principle of stare decisis was not always applied with uniform strictness. In medieval England, common-law courts looked to earlier cases for guidance, but they could reject those they considered bad law. Courts also placed less than complete reliance on prior decisions because there was a lack of reliable written reports of cases. Official reports of cases heard in various courts began to appear in the United States in the early 1800s, but semiofficial reports were not produced in England until 1865. When published reports became available, lawyers and judges finally had direct access to cases and could more accurately interpret prior decisions, upholding those previously ruled upon, applying the same ideals to similar cases.   Case law precedent. Nevertheless, the principle of stare decisis has always been tempered with a conviction that prior decisions must comport with notions of good reason or they can be overruled by the highest court in the jurisdiction, The concept of precedent, or Stare Decisis, means to follow or adhere to previously decided cases in judging the case at bar. It means that appellate case law should be considered as binding upon lower courts.   The option of Matter of first impression, to apply or make a ruling of precedent, case law. (Legal principles enunciated and embodied in judicial decisions that are derived from the application of particular areas of law to the facts of individual cases).reported decisions of appeals courts and other courts which make new interpretations of the law and, therefore, can be cited as precedents. These interpretations are distinguished from "statutory law" which is the statutes and codes (laws) enacted by legislative bodies, "regulatory law" which is regulations required by agencies based on statutes, and in some states, the Common Law, which is the generally accepted law carried down from England. The rulings in trials and hearings which are not appealed and not reported are not case law and, therefore, not precedent or new interpretations. Law students principally study case law to understand the application of law to facts and learn the courts' subsequent interpretations of statutes. First impression (known as primae impressionis in Latin) is a legal case in which there is no binding authority on the matter presented. Such a case can set forth a completely original issue of law for decision by the courts, which will then set a precedent for similar cases if a judge so rules.. Ratio decidendi (Latin plural rationes decidendi) is a Latin phrase meaning "the reason" or "the rationale for the decision". The ratio decidendi is "the point in a case that determines the judgment" or "the principle that the case establishes" In other words, ratio decidendi is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends,this is done by way of:- Rules of Inference.Conclusions based on evidence given on what is already known and proven or can be reasonably implied from all known facts.         Precedents (case law) a Judges ruling where an existing law, is unclear, to make inclusions, Judges interpret the laws. very rarely is a bad or contentious precedent set, if there was it could be appealed in a higher court on appeal, with a panel of judges repealing the ruling or accepting it, as a final move it could be referred to the house of lords. A typical case law precedent was in the case of a post op trasexual rape, rape is none gender specific,   The defence claimed that as the vagina was a constructed vagina and did not meet the clinical description and reproductive function of a natal females vagina, then it could not be classed as rape, R versus John Matthews The ruling which confirmed that vaginal rape of a ranssexual woman may be prosecuted as rape October 1996 This important and under-reported ruling confirmed that non-consentual penile penetration of the surgically-constructed vagina of a transsexual woman can, in law, be rape if the other ingredients of the offence are satisfied. In this case, the defendant was acquitted, but an important precedent was set.  It allows the alleged assailant of a transsexual woman to be charged with the more serious offence of rape, rather than the lesser charge of sexual assault, which carries lighter penalties.    read the transcript. http://www.pfc.org.uk/caselaw/R%20versus%20John%20Matthews.pdf   Reading Crown Court RCC NO. T960397 Artillery House Tilehurst Road Reading, Berks Monday, 28th October, 1996 Before: MR JUSTICE HOOPER Regina -v- John Matthews Counsels names not supplied Ruling Monday, 28th October, 1996MR. JUSTICE HOOPER: I now give my reasons for the ruling which I made at the outset of the trial. Count One of the indictment charges the defendant with having raped “C” on the 25th of December 1995. Count Two charges him with indecent assault on a male person, the particulars of the offence being that on the same day he indecently assaulted “C”, a male person. The following admissions have been made: “The complainant was born a biological male on the 18th of November 1958. On the 24th of November 1994 the complainant underwent gender reassignment surgery, which surgery produced a well-constructed, cosmetically acceptable artificial vagina, to enable her to live in the female role. There are anatomical differences between the artificial and natural vagina, namely: 1.The artificial vagina is made from colon, not from vaginal tissue. 2.Being made from colon, the artificial vagina is lined by columnar epithelium, whereas a natural vagina is lined by squamous epithelium. 3.During sexual arousal the lining of the natural vagina undergoes a sweating-like reaction, known as transudation, the result of which is the production of lubricating fluid. An artificial vagina may produce mucus from the glands in the columnar epithelium, but his is a different process from transudation. 4.The natural vagina terminates at the cervix at its inner end, whereas the artificial vagina has no cervix. 5.At or just within the opening of a natural vagina are the two openings of the Bartholin’s Glands (which produce a small quantity of a highly lubricious fluid); the artificial vagina does not have these openings. 6.A natural vagina opens on the vestibule of the vulva, between the labia minora. “C” does not have a labia minora. 7.A natural vagina has the physiological capacity forenormous expansion, such a during childbirth. An artificial vagina does not have this capacity. A natural vagina has a normal female clitoris whichconsists of some erodible tissue and is covered with sensitive glands and a hood of tissue. The artificial vagina has a clitoris constructed of penile tissue.” As to the words in the second paragraph of those admissions, “in the female role”, counsel for the prosecution, Mr. Charles Byers, asked me to assume for the purposes of the ruling that the complainant had had the artificial vagina constructed to enable her to have sexual intercourse. I make that assumption in fact. That assumption was later supported by the evidence. The authorities establish that “C” is, for legal purposes, a male in those circumstances. In those circumstances no submission is made about Count Two. As to Count One, it is submitted by Mr. Peter Cooper, Queen’s Counsel for the defendant that, given the admitted facts, the defendant cannot as a matter of law be convicted of rape.    He submits that the non-consentual penile penetration of the artificial vagina of a biological male cannot, in law, be rape. Section 1 of the Sexual Offences Act 1956, as substituted by the Criminal Justice and Public Order Act 1994, provides as follows: 1“It is an offence for a man to commit a rape; to rape a woman or another man. 2.A man commits rape if (a), he has sexual intercourse with a person, whether vaginal or anal, who C at the time of the intercourse does not consent to it, and (b) at the time he knows the person does not consent to the intercourse or is reckless as to whether that person consents to it.” Mr. Cooper submits first that penile penetration of the “vagina” of a biological male does not constitute “sexual intercourse” within the meaning of Section 1. To resolve that issue it is necessary to examine the Sexual Offences Act as originally drafted and as amended by the Sexual Offences (Amendment) Act 1976. Section 1 of the 1956 Act provided: “It is a felony for a man to rape a woman. Rape required vaginal penetration of a woman. Anal penetration could not constitute rape. See the Queen v. Gaston (1981) 73 Criminal Appeal Reports 164 (Court of Appeal). Throughout the act there are references to sexual intercourse (for example, with a girl under 13 or with a defective.) Section 12(1) provided: “It is a felony for a person to commit buggery with another person or with an animal. Section 44, which remains unchanged, provides:  “Where on the trial of any offence under this act, it is necessary to prove sexual intercourse, whether natural or unnatural. It shall not be necessary to prove the completion of the intercourse by the emission of seed. That the intercourse shall be deemed complete upon proof of penetration only.”   The word “natural” in that section was being used to describe heterosexual intercourse. The word “unnatural” to describe heterosexual and homosexual anal intercourse and bestiality. See Gaston at 167. Bestiality requires vaginal or anal intercourse with an animal or by an animal. See: R.v. Bourne (1952) 36 Criminal Appeal Reports 125. The 1976 Act defined the offence of rape. Included within the definition were to be found the words: “A man commits rape if (a) he has unlawful sexual intercourse with a woman who at the time of the intercourse does not consent to it”. Section 7(2) of the 1970 Act provided: “References to sexual intercourse shall be construed in accordance with Section 44 of the Sexual Offences Act 1956, so far as it relates to natural intercourse. (Under which such intercourse is deemed complete on proof of penetration only)”. By virtue of paragraph 35 (4) Schedule 10 of the Criminal Justice and Public Order Act 1994, these words “shall be omitted” from Section 7(2). In my judgement there is no reason to limit the expression “sexual intercourse” in the way being submitted by Mr. Cooper. “Sexual intercourse”means penile penetration of the vagina or anus. The fact that the vagina might be that of a biological male does not prevent it from being “sexual intercourse”. He further submits that the words “vaginal intercourse” in Section 1 does not include penetration of a male’s artificial vagina. If a woman has a natural vagina which is anatomically irregular as a result of a birth defect, an operation or an accident, it would in my judgment be rape to penetrate it. (See S.v.S. (otherwise W) (No 2) [1962] All E.R. 55, at page 63). If a woman had an artificial vagina constructed because of a birth defect or an accident, could it be rape to penetrate it? I have been referred to no authority directly on point. In S.v.S, as Mr. Justice Ormerod said in Corbett v Corbett, [1970] 2 All E.R 33, at 49: “There are passages in the judgement which seemed togo as far as holding that a [woman], born without a vagina at all, could be capable of consummating a marriage by the construction of an entirely artificial one”. In Corbett, Mr. Justice Ormerod said that “he was prepared to hold that” a person with a completely artificial vagina would be incapable of consummating a marriage. In that case the respondent to a petition for a decree of nullity, was born a biological male who, like the complainant, had undergone gender reassignment surgery involving the construction of an artificial vagina. The decree was granted on the basis that the respondent was a male and, in any event, incapable of consummating the marriage because of the artificial vagina. In my judgment, whether or not a woman with an artificial vagina can consummate a marriage is of little help in resolving the issue whether penetration of it would constitute rape. In my judgement, it could. I turn then to the question whether penetration of a male’s artificial vagina can constitute rape in the circumstances reflected by the admissions. Section 1 uses the word “person”. The words “whether vaginal or anal” relate to the intercourse. Indeed, the section might more happily read: “A man commits rape if (a) he has sexual intercourse (whether vaginal or anal) with a person”. [Passage omitted.]Mr. Byers submits that the wording of the section is clear and that it includes penile penetration of a male, of a biological male’s artificial vagina. I accept that submission, notwithstanding that during the use of the offence in rape, in those circumstances it was apparently not-a matter which was mentioned during the debates other than this amendment. Furthermore, rape being the non-consensual penile penetration of either of the two intimate orifices, I see no reason why, as a matter of public policy, that the offence is not committed. In conclusion, therefore, in my judgement, penile penetration of a male’s biological artificial vagina can, in law, constitute rape. There is no dispute that, having resolved the matter in this way, I should direct the jury that, as a matter of law, the penile penetration of this complainant’s vagina is rape if the other ingredients of the offence are satisfied.   Remember this was before the advent of the GRA (Gender Recognition Act  2004)
    192 Posted by Cristine Shye. BL. B/acc
  • https://gendersociety.com/forums/topic/10178/-/view/post_id/72165%3C/a%3E   People may have read http://gendersociety.com/forums/topic/10112/divorcing-and-the-unreasonable-transexual where a sugestion that divorce law may be changed to view transexual people more favourably in cases of divorce, this is done by a judge setting a precedent,  Stare Decisis (Latin, Let the decision stand.] The policy of courts to abide by or adhere to principles established by decisions in earlier cases.) The principle of stare decisis was not always applied with uniform strictness. In medieval England, common-law courts looked to earlier cases for guidance, but they could reject those they considered bad law. Courts also placed less than complete reliance on prior decisions because there was a lack of reliable written reports of cases. Official reports of cases heard in various courts began to appear in the United States in the early 1800s, but semiofficial reports were not produced in England until 1865. When published reports became available, lawyers and judges finally had direct access to cases and could more accurately interpret prior decisions, upholding those previously ruled upon, applying the same ideals to similar cases.   Case law precedent. Nevertheless, the principle of stare decisis has always been tempered with a conviction that prior decisions must comport with notions of good reason or they can be overruled by the highest court in the jurisdiction, The concept of precedent, or Stare Decisis, means to follow or adhere to previously decided cases in judging the case at bar. It means that appellate case law should be considered as binding upon lower courts.   The option of Matter of first impression, to apply or make a ruling of precedent, case law. (Legal principles enunciated and embodied in judicial decisions that are derived from the application of particular areas of law to the facts of individual cases).reported decisions of appeals courts and other courts which make new interpretations of the law and, therefore, can be cited as precedents. These interpretations are distinguished from "statutory law" which is the statutes and codes (laws) enacted by legislative bodies, "regulatory law" which is regulations required by agencies based on statutes, and in some states, the Common Law, which is the generally accepted law carried down from England. The rulings in trials and hearings which are not appealed and not reported are not case law and, therefore, not precedent or new interpretations. Law students principally study case law to understand the application of law to facts and learn the courts' subsequent interpretations of statutes. First impression (known as primae impressionis in Latin) is a legal case in which there is no binding authority on the matter presented. Such a case can set forth a completely original issue of law for decision by the courts, which will then set a precedent for similar cases if a judge so rules.. Ratio decidendi (Latin plural rationes decidendi) is a Latin phrase meaning "the reason" or "the rationale for the decision". The ratio decidendi is "the point in a case that determines the judgment" or "the principle that the case establishes" In other words, ratio decidendi is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends,this is done by way of:- Rules of Inference.Conclusions based on evidence given on what is already known and proven or can be reasonably implied from all known facts.         Precedents (case law) a Judges ruling where an existing law, is unclear, to make inclusions, Judges interpret the laws. very rarely is a bad or contentious precedent set, if there was it could be appealed in a higher court on appeal, with a panel of judges repealing the ruling or accepting it, as a final move it could be referred to the house of lords. A typical case law precedent was in the case of a post op trasexual rape, rape is none gender specific,   The defence claimed that as the vagina was a constructed vagina and did not meet the clinical description and reproductive function of a natal females vagina, then it could not be classed as rape, R versus John Matthews The ruling which confirmed that vaginal rape of a ranssexual woman may be prosecuted as rape October 1996 This important and under-reported ruling confirmed that non-consentual penile penetration of the surgically-constructed vagina of a transsexual woman can, in law, be rape if the other ingredients of the offence are satisfied. In this case, the defendant was acquitted, but an important precedent was set.  It allows the alleged assailant of a transsexual woman to be charged with the more serious offence of rape, rather than the lesser charge of sexual assault, which carries lighter penalties.    read the transcript. http://www.pfc.org.uk/caselaw/R%20versus%20John%20Matthews.pdf   Reading Crown Court RCC NO. T960397 Artillery House Tilehurst Road Reading, Berks Monday, 28th October, 1996 Before: MR JUSTICE HOOPER Regina -v- John Matthews Counsels names not supplied Ruling Monday, 28th October, 1996MR. JUSTICE HOOPER: I now give my reasons for the ruling which I made at the outset of the trial. Count One of the indictment charges the defendant with having raped “C” on the 25th of December 1995. Count Two charges him with indecent assault on a male person, the particulars of the offence being that on the same day he indecently assaulted “C”, a male person. The following admissions have been made: “The complainant was born a biological male on the 18th of November 1958. On the 24th of November 1994 the complainant underwent gender reassignment surgery, which surgery produced a well-constructed, cosmetically acceptable artificial vagina, to enable her to live in the female role. There are anatomical differences between the artificial and natural vagina, namely: 1.The artificial vagina is made from colon, not from vaginal tissue. 2.Being made from colon, the artificial vagina is lined by columnar epithelium, whereas a natural vagina is lined by squamous epithelium. 3.During sexual arousal the lining of the natural vagina undergoes a sweating-like reaction, known as transudation, the result of which is the production of lubricating fluid. An artificial vagina may produce mucus from the glands in the columnar epithelium, but his is a different process from transudation. 4.The natural vagina terminates at the cervix at its inner end, whereas the artificial vagina has no cervix. 5.At or just within the opening of a natural vagina are the two openings of the Bartholin’s Glands (which produce a small quantity of a highly lubricious fluid); the artificial vagina does not have these openings. 6.A natural vagina opens on the vestibule of the vulva, between the labia minora. “C” does not have a labia minora. 7.A natural vagina has the physiological capacity forenormous expansion, such a during childbirth. An artificial vagina does not have this capacity. A natural vagina has a normal female clitoris whichconsists of some erodible tissue and is covered with sensitive glands and a hood of tissue. The artificial vagina has a clitoris constructed of penile tissue.” As to the words in the second paragraph of those admissions, “in the female role”, counsel for the prosecution, Mr. Charles Byers, asked me to assume for the purposes of the ruling that the complainant had had the artificial vagina constructed to enable her to have sexual intercourse. I make that assumption in fact. That assumption was later supported by the evidence. The authorities establish that “C” is, for legal purposes, a male in those circumstances. In those circumstances no submission is made about Count Two. As to Count One, it is submitted by Mr. Peter Cooper, Queen’s Counsel for the defendant that, given the admitted facts, the defendant cannot as a matter of law be convicted of rape.    He submits that the non-consentual penile penetration of the artificial vagina of a biological male cannot, in law, be rape. Section 1 of the Sexual Offences Act 1956, as substituted by the Criminal Justice and Public Order Act 1994, provides as follows: 1“It is an offence for a man to commit a rape; to rape a woman or another man. 2.A man commits rape if (a), he has sexual intercourse with a person, whether vaginal or anal, who C at the time of the intercourse does not consent to it, and (b) at the time he knows the person does not consent to the intercourse or is reckless as to whether that person consents to it.” Mr. Cooper submits first that penile penetration of the “vagina” of a biological male does not constitute “sexual intercourse” within the meaning of Section 1. To resolve that issue it is necessary to examine the Sexual Offences Act as originally drafted and as amended by the Sexual Offences (Amendment) Act 1976. Section 1 of the 1956 Act provided: “It is a felony for a man to rape a woman. Rape required vaginal penetration of a woman. Anal penetration could not constitute rape. See the Queen v. Gaston (1981) 73 Criminal Appeal Reports 164 (Court of Appeal). Throughout the act there are references to sexual intercourse (for example, with a girl under 13 or with a defective.) Section 12(1) provided: “It is a felony for a person to commit buggery with another person or with an animal. Section 44, which remains unchanged, provides:  “Where on the trial of any offence under this act, it is necessary to prove sexual intercourse, whether natural or unnatural. It shall not be necessary to prove the completion of the intercourse by the emission of seed. That the intercourse shall be deemed complete upon proof of penetration only.”   The word “natural” in that section was being used to describe heterosexual intercourse. The word “unnatural” to describe heterosexual and homosexual anal intercourse and bestiality. See Gaston at 167. Bestiality requires vaginal or anal intercourse with an animal or by an animal. See: R.v. Bourne (1952) 36 Criminal Appeal Reports 125. The 1976 Act defined the offence of rape. Included within the definition were to be found the words: “A man commits rape if (a) he has unlawful sexual intercourse with a woman who at the time of the intercourse does not consent to it”. Section 7(2) of the 1970 Act provided: “References to sexual intercourse shall be construed in accordance with Section 44 of the Sexual Offences Act 1956, so far as it relates to natural intercourse. (Under which such intercourse is deemed complete on proof of penetration only)”. By virtue of paragraph 35 (4) Schedule 10 of the Criminal Justice and Public Order Act 1994, these words “shall be omitted” from Section 7(2). In my judgement there is no reason to limit the expression “sexual intercourse” in the way being submitted by Mr. Cooper. “Sexual intercourse”means penile penetration of the vagina or anus. The fact that the vagina might be that of a biological male does not prevent it from being “sexual intercourse”. He further submits that the words “vaginal intercourse” in Section 1 does not include penetration of a male’s artificial vagina. If a woman has a natural vagina which is anatomically irregular as a result of a birth defect, an operation or an accident, it would in my judgment be rape to penetrate it. (See S.v.S. (otherwise W) (No 2) [1962] All E.R. 55, at page 63). If a woman had an artificial vagina constructed because of a birth defect or an accident, could it be rape to penetrate it? I have been referred to no authority directly on point. In S.v.S, as Mr. Justice Ormerod said in Corbett v Corbett, [1970] 2 All E.R 33, at 49: “There are passages in the judgement which seemed togo as far as holding that a [woman], born without a vagina at all, could be capable of consummating a marriage by the construction of an entirely artificial one”. In Corbett, Mr. Justice Ormerod said that “he was prepared to hold that” a person with a completely artificial vagina would be incapable of consummating a marriage. In that case the respondent to a petition for a decree of nullity, was born a biological male who, like the complainant, had undergone gender reassignment surgery involving the construction of an artificial vagina. The decree was granted on the basis that the respondent was a male and, in any event, incapable of consummating the marriage because of the artificial vagina. In my judgment, whether or not a woman with an artificial vagina can consummate a marriage is of little help in resolving the issue whether penetration of it would constitute rape. In my judgement, it could. I turn then to the question whether penetration of a male’s artificial vagina can constitute rape in the circumstances reflected by the admissions. Section 1 uses the word “person”. The words “whether vaginal or anal” relate to the intercourse. Indeed, the section might more happily read: “A man commits rape if (a) he has sexual intercourse (whether vaginal or anal) with a person”. [Passage omitted.]Mr. Byers submits that the wording of the section is clear and that it includes penile penetration of a male, of a biological male’s artificial vagina. I accept that submission, notwithstanding that during the use of the offence in rape, in those circumstances it was apparently not-a matter which was mentioned during the debates other than this amendment. Furthermore, rape being the non-consensual penile penetration of either of the two intimate orifices, I see no reason why, as a matter of public policy, that the offence is not committed. In conclusion, therefore, in my judgement, penile penetration of a male’s biological artificial vagina can, in law, constitute rape. There is no dispute that, having resolved the matter in this way, I should direct the jury that, as a matter of law, the penile penetration of this complainant’s vagina is rape if the other ingredients of the offence are satisfied.   Remember this was before the advent of the GRA (Gender Recognition Act  2004)
    Jan 18, 2019 192

Top Blogs

  • 18 Dec 2014
    The Gender Clinic   2009 I had decided enough was enough. I needed help with this horrid transgendered curse which was doing its best to wreck my life. First stop GP. She was great. Second stop a selection of shrinks who referred me to the Gender Clinic as well as diagnosing me as pretty mental. First appointment was a long wait. But when it came it was quite nice being able to spill my guts out to an expert. I think I've been maybe 6 times now. During this period I've changed my name am dosed up on high levels of hormones and lifes great.   A Summary Of Yesterdays Appointment   I love hormones. The serenity from having near zero testosterone in my body. My bits don't work at all anymore which I couldn't care less about. I cannot be arsed with having my bits cut off and i don't like fannies anyway. I'm very single because I haven't got a clue about my sexual orientation and I'm not going to inflict that on anyone, but I do have a cat. People don't treat me as female, but they don't treat me as male either, i'm just different, which I like. I've had mainly very positive reactions to my gender choices. I am reintegrated into regular society. I'm no longer a webcam 'girl'.  My body has become very feminine which does confuse people. Sometimes I wear makeup and a hairpiece sometimes I don't, depends on my mood. Basically I'm a contented little tranny.   Bye Bye   So I'm exactly where I want to be with it all. The happiest I have been in years. So subsequently I have been told I don't have to go anymore. Their job is done, GP still deals with blood tests, hormones etc but thats it. I guess I'm what they would describe as a success story. So apart from one incident in there I have to say thanks to them as they have really helped me turn my life around.
    37 Posted by Mia Wallace
  • The Gender Clinic   2009 I had decided enough was enough. I needed help with this horrid transgendered curse which was doing its best to wreck my life. First stop GP. She was great. Second stop a selection of shrinks who referred me to the Gender Clinic as well as diagnosing me as pretty mental. First appointment was a long wait. But when it came it was quite nice being able to spill my guts out to an expert. I think I've been maybe 6 times now. During this period I've changed my name am dosed up on high levels of hormones and lifes great.   A Summary Of Yesterdays Appointment   I love hormones. The serenity from having near zero testosterone in my body. My bits don't work at all anymore which I couldn't care less about. I cannot be arsed with having my bits cut off and i don't like fannies anyway. I'm very single because I haven't got a clue about my sexual orientation and I'm not going to inflict that on anyone, but I do have a cat. People don't treat me as female, but they don't treat me as male either, i'm just different, which I like. I've had mainly very positive reactions to my gender choices. I am reintegrated into regular society. I'm no longer a webcam 'girl'.  My body has become very feminine which does confuse people. Sometimes I wear makeup and a hairpiece sometimes I don't, depends on my mood. Basically I'm a contented little tranny.   Bye Bye   So I'm exactly where I want to be with it all. The happiest I have been in years. So subsequently I have been told I don't have to go anymore. Their job is done, GP still deals with blood tests, hormones etc but thats it. I guess I'm what they would describe as a success story. So apart from one incident in there I have to say thanks to them as they have really helped me turn my life around.
    Dec 18, 2014 37
  • 13 Oct 2013
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    35 Posted by Deleted Member
  • Is it me?   Well not sure how to put this but here goes. Is it me or does anyone else feel that those who have gone through the full transition Don’t feel they fit in any more I have had 2 friends who have had the full transition and have left here Due to the way they are spoken to and both have a gone through what a lot of us are aiming to do And have great advice and are both counselling other trans girls in different stages of the journey I know they do as I do think in some way this fabulous site has taken a turn to more Fetish Cross Dressing which yes is all part of the trans scene in ways. 50 shades of grey doesn’t cut it here it’s more like 500 shades of grey lol But I do feel upset that friends and other post op girls who yes are now women feel they don’t belong I do say live and let live for all walks of life but it does come to a shock in ways to me that We have in a word discrimination against each other here Why can’t we all get along I have said before in the immortal words of high school musical   “We’re all in this together” so let’s start being united in what we do To quote a friend who has left “Peace love and lip gloss” Hugs xxamyxx 
    Oct 13, 2013 35
  • 24 Jan 2014
    hi ya just asking i do love albumn suggestions and like looking at pics but please if ya have ya knob out please dont suggest as i like girly shots clothes and make up so you look nice a cock in stockings aint girly . i dont mind if you are into that and dressing is a fetish each to their own    live and let live i say  i dress because i love being a girl i know im a guy (a cock in a frock lol) but i like the illusion  thats why i tuck it away      but i cant or wont hit the like button because ya got ya dangleys out lol and i dont want to appear rude by not liking it so its best all round    big hugs and to coin a phrase a friend of mine uses   peace love and lipgloss xxxxxxx   xxamyxx
    31 Posted by Deleted Member
  • hi ya just asking i do love albumn suggestions and like looking at pics but please if ya have ya knob out please dont suggest as i like girly shots clothes and make up so you look nice a cock in stockings aint girly . i dont mind if you are into that and dressing is a fetish each to their own    live and let live i say  i dress because i love being a girl i know im a guy (a cock in a frock lol) but i like the illusion  thats why i tuck it away      but i cant or wont hit the like button because ya got ya dangleys out lol and i dont want to appear rude by not liking it so its best all round    big hugs and to coin a phrase a friend of mine uses   peace love and lipgloss xxxxxxx   xxamyxx
    Jan 24, 2014 31
  • 14 Mar 2015
    Well today has been somewhat different for me, not only was it my mum's Birthday, but i also took her into The Village for a few drinks this afternoon and then onto velvet for a lovely Birthday meal, I had been promising to take her into Manchester for a long time - So I thought why not!  And yes before you ask, i was in girlie mode. Mum has known about Liz for quite a while now and is very comfortable with the Trans side of me and is always asking if I've bought any new clothes, and most of all hates how good my legs look! I chat to my mum everyday whether that is by text or a phone call, i always do, the thing is my mum like all of your parents and those close to you are not getting any younger, you should always grab the chance to speak to them whenever you can and spend as much time as you can with them. OK today was not the usual party atmosphere that we are accustomed to when we pop into the village on a Saturday, but more of a qualitiy precious time spent chatting in a relaxed environment with the woman who brought me into this world, helping "MUM" celebrate her birthday with Liz and not Ian.  Her words to me as I've just dropped her off at home " I have loved every second of today" like i said quality time.    Myself and Mum in Paddy's  And Mum enjoying another Cider in Via. So folks, wht not get yourselves off out and enjoy the preicous time while you can, you never know what's round the corner. Hugs  Liz and Marion (Mum) x
  • Well today has been somewhat different for me, not only was it my mum's Birthday, but i also took her into The Village for a few drinks this afternoon and then onto velvet for a lovely Birthday meal, I had been promising to take her into Manchester for a long time - So I thought why not!  And yes before you ask, i was in girlie mode. Mum has known about Liz for quite a while now and is very comfortable with the Trans side of me and is always asking if I've bought any new clothes, and most of all hates how good my legs look! I chat to my mum everyday whether that is by text or a phone call, i always do, the thing is my mum like all of your parents and those close to you are not getting any younger, you should always grab the chance to speak to them whenever you can and spend as much time as you can with them. OK today was not the usual party atmosphere that we are accustomed to when we pop into the village on a Saturday, but more of a qualitiy precious time spent chatting in a relaxed environment with the woman who brought me into this world, helping "MUM" celebrate her birthday with Liz and not Ian.  Her words to me as I've just dropped her off at home " I have loved every second of today" like i said quality time.    Myself and Mum in Paddy's  And Mum enjoying another Cider in Via. So folks, wht not get yourselves off out and enjoy the preicous time while you can, you never know what's round the corner. Hugs  Liz and Marion (Mum) x
    Mar 14, 2015 29
  • 16 Aug 2015
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  • Ok I know this blog isn't full of cock shots and all things kinky - but hey it is a little different! Yesterday myself and Shar went to a wedding reception and in my moment of madness I said "fuck it I'm going in girlie mode". So I started getting ready to the amusement of Shar, saying people won't know where to look, anyway I got ready and off we went, presant in hand. I wasn't feeling nervous, just good to be getting out again, although in a very straight and normal atmosphere. We arrived and I walk straight in greeted Sammy the bride and her new husband, to her amazement it was me Ian - but Liz! Having a mingle with the muggels and a chat to work colleagues, to my amazement no one actually read me apart from my work mates, who knew about Liz but had never actually met for real, apart from my ill fitting shoes being to big - yes to big I had a pleasant evening and it was a change from the norm! The moral to my blog is, if you dress with right attitude then why can't all of you lovely girls get out there and burst the bubble! Till next time, Hugs Liz x
    Aug 16, 2015 27
  • 07 Oct 2012
    St Audries Bay holiday camp   This was my first visit to St Audries Bay and as the title suggest it a holiday camp but with a difference, a little bit of magic for every TG girl who has wanted to be whom they really want to be 24/7 set in the beautiful county of Somerset.   If you are familiar with Trans living or the Belmont Society, or tvChix then possibly you may have heard of this event which has taken place twice a year in May and September for the last 10 years. I only aware of this amazing situation through playing with the band KinkyMinx who I also accompanied at this year’s Sparkle.   St Audries is in a remote area and described as a wonderful, sleepy location by the sea on the north Somerset coastline. The holiday camp taken over by t girl’s, their partners and admirers for a week, have chalet, although basic , are very passable and the cost is very reasonable, basically about £160 for the week shared accommodation.   They have a Restaurant, bar and dance hall where they have a DJ plus entertainment.  There is self-service breakfast with a waiter who serves the food to the table. There are stalls selling wigs, dresses and beauty products and a reception shop which sells stationery.   In the grounds there is mini golf, or should that be putting green? Croquet, and tennis, there is also an indoor swimming and sauna, and to top this there are steps leading to a quiet secluded beach which I spent time enjoying as my photos show   Unfortunately rather than looking after this amazing situation, there are those who post negative write ups, mainly to do with disagreements between the entertainments management and various organisations     Most of the complaints seem to me to be from people possibly expecting too much and forgetting that it is far from a normal situation.   The nearest village is Willinton a couple of miles from the camp, with a pub called the Foresters Where I played with KinkyMinx on the 22nd September which can be seen again in my photos with some of the girls from the camp who support the band, and the nearest Town is Watchet where we played on the Friday at a pub called the Esplanade.   It really is amazing walking around in broad daylight and being accepted by shop assistances as though thing‘s are normal apart from a few humorous glances from passes by and I would recommend this holiday to everyone and I am in the process trying to reserve accommodation, and hope to be back in May    Hi, thanks for all the feedback I received for my blog. I am including the full address for those wanting to contact the camp and find out more.   Kentisbury week at St Audries St Audries Bay holiday camp West Quantoxhead Nr Minehead Somerset TR4 4DY  Telephone: 01984632515 Website: www.staudriesbay.co.uk
    26 Posted by Jady Shaw
  • St Audries Bay holiday camp   This was my first visit to St Audries Bay and as the title suggest it a holiday camp but with a difference, a little bit of magic for every TG girl who has wanted to be whom they really want to be 24/7 set in the beautiful county of Somerset.   If you are familiar with Trans living or the Belmont Society, or tvChix then possibly you may have heard of this event which has taken place twice a year in May and September for the last 10 years. I only aware of this amazing situation through playing with the band KinkyMinx who I also accompanied at this year’s Sparkle.   St Audries is in a remote area and described as a wonderful, sleepy location by the sea on the north Somerset coastline. The holiday camp taken over by t girl’s, their partners and admirers for a week, have chalet, although basic , are very passable and the cost is very reasonable, basically about £160 for the week shared accommodation.   They have a Restaurant, bar and dance hall where they have a DJ plus entertainment.  There is self-service breakfast with a waiter who serves the food to the table. There are stalls selling wigs, dresses and beauty products and a reception shop which sells stationery.   In the grounds there is mini golf, or should that be putting green? Croquet, and tennis, there is also an indoor swimming and sauna, and to top this there are steps leading to a quiet secluded beach which I spent time enjoying as my photos show   Unfortunately rather than looking after this amazing situation, there are those who post negative write ups, mainly to do with disagreements between the entertainments management and various organisations     Most of the complaints seem to me to be from people possibly expecting too much and forgetting that it is far from a normal situation.   The nearest village is Willinton a couple of miles from the camp, with a pub called the Foresters Where I played with KinkyMinx on the 22nd September which can be seen again in my photos with some of the girls from the camp who support the band, and the nearest Town is Watchet where we played on the Friday at a pub called the Esplanade.   It really is amazing walking around in broad daylight and being accepted by shop assistances as though thing‘s are normal apart from a few humorous glances from passes by and I would recommend this holiday to everyone and I am in the process trying to reserve accommodation, and hope to be back in May    Hi, thanks for all the feedback I received for my blog. I am including the full address for those wanting to contact the camp and find out more.   Kentisbury week at St Audries St Audries Bay holiday camp West Quantoxhead Nr Minehead Somerset TR4 4DY  Telephone: 01984632515 Website: www.staudriesbay.co.uk
    Oct 07, 2012 26