If a crossdresser / transvestite (not actaul seeking reassignment surgery or seeking to live full time as the opposite sex) is harassed or verbally abused or suchlike are they entitled to any protection under Scots Law?
Province/Country relating to question : Scotland
Hello,I will do my best to help you with this.Could you explain what abuse was suffered please?
A friend stayed who lives in a common stair has been having a problem with a neighbour over another matter .
On her (hope you don't mind me using "her") way out earlier this week to meet my wife and some friends the neighbour passed her and realised who it was. She has since had snide comments ("queer / weirdo / pervert") from the neighbour and the neighbour's children when going to and from her home in male mode. She has limited financial resource so we offered to pay for this service to see initially where she can go / what she can do.
JenniferThe conduct you speak of does amount to anti-social behaviour and if she reported this to the police, they could pursue action against the family and seek an anti-social behaviour order. The other option is to seek an order under the Protection from Harassment Act but that would be a civil matter and she would need to pay a solicitor to pursue that. Legal Aid is possible but difficult to obtain. This would provide an order forcing the family to refrain from that behaviour. If they breached the order, fines and/or imprisonment could follow. Best wishesJohn
Do I take it from your reply that there is no race / hate crime being committed and what is happening is not of a criminal nature?
It is on the verge to be honest. It is bordering on criminal. If verbal abuse is given in a threatening manner (indicating violence may follow) then it is criminal. The anti-social element is also criminal, that is what the police can pursue. The harassment angle is the civil side. I would certainly recommend reporting this to the police at this stage. Apart from anything else, if it escalates and becomes more serious, the police will know the history and will be in a position to act immediately. John
Many Thanks for your help. We will pass on your comments.
She has had it suggested that because it is crossdressing and not actual gender reassignment she could have a lot less protection.
JenniferThere is some truth in that but the main thing is that it is not racial harassment (which would be criminal) and it is not in a work context (which would be taken very seriously by an employment tribunal). Please remember to leave me positive feedback (3 stars or above) if you are satisfied with my answers. ThanksJohn
Solicitor and Advocate
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).