SNP gender reform rebel Michelle Thomson may support the government

Ms Thomson, who represents Falkirk East, told The Herald today she has not yet decided how she will vote and that she will be considering all the amendments and listening to the debate before making her decision.

She has tabled an amendment to the bill with the Tory MSP Russell Findlay which would prevent alleged rapists changing their gender while awaiting trial.

The SNP MSP, a former MP, revealed to House of Commons, that she was raped when she was 14. 

She said she is speaking to the government about whether they will back her proposal with Mr Findlay, who is the Scottish Conservative's community justice spokesman.

Read more: Court of Session Gender Recognition ruling could impact new law

“My concerns about the GRR Bill have covered a number of areas, most notably ‘bad-faith’ actors who could act to the detriment of both trans people and women," she told The Herald.

“I note that the Scottish Government have brought amendments on the granting of a GRC regarding those already convicted of sexual offences but this excluded those charged but not yet convicted. My amendment, supported by Russell Findlay MSP attempts to fill that gap.

“I will be seeking discussions with the Scottish Government and hope that they, and other MSPs, will support my amendment”.

She added: “There are many amendments to be worked through and more can be anticipated before the deadline. I will be reviewing them all prior to the Stage 3 debate and listening with interest as they are debated in Parliament prior to making my final decision”. 

If the cross-party proposal is backed by a majority of MSPs, then anyone accused of a sexual offence will have their application for a gender recognition certificate paused until the end of their legal proceedings.

One of the main motivations for the proposal is to avoid victims being forced to refer to their attacker as “she” in court if the legal process had been completed before trial. 

Ms Thomson said that she would find such a situation “deeply offensive and re-traumatising”.

In 2016, while an MP, she told the House of Commons that she had been attacked at the age of 14 in a wooded area by someone she knew. She said that she had later contacted the police and the perpetrator was identified and charged but not prosecuted due to the passage of time.

Read more: UK ministers 'may not recognise SNP gender reforms'

“The proposed legislation allows a sexual predator or rapist who has been charged but not yet convicted of a sexual offence to be able to apply for a gender recognition certificate,” Ms Thomson told The Times.

“If certification is granted, this could require their victim during any subsequent court case, to refer to their attacker as ‘she’. Were it me, and as someone who has spoken openly of being raped at aged 14, I would consider this deeply offensive and re-traumatising.”

The Gender Recognition Reform (Scotland) bill will have its final votes next week, in Holyrood’s last two full sitting days before Christmas, with a six-hour session set aside for amendments before a division to bring the law into force.

The Gender Recognition Reform (Scotland) bill will be voted on next week (Image: Newsquest)

The new system proposed for Scotland would allow people to change their biological sex by signing a declaration, while reducing the amount of time someone must live in their “acquired gender” from two years to six months.

The need for a medical diagnosis of gender dysphoria would be removed, while 16 and 17-year-olds will be able to apply. The potential for predatory men to abuse the new law to access women’s spaces has been criticised by the UN’s special rapporteur for women and girls.

Mr Findlay said that the pair had worked constructively to try and close loopholes that allow sex offenders to exploit the bill.

“Our joint amendment will seek to ban alleged rapists and other sex criminals who are awaiting trial from seeking a GRC until their case has concluded,” he said. “Our proposal would not limit trans rights in any way, but would solely act as an important block on those who will seek to exploit this legislation.”

Concerns have recently been raised about the case of Katie Dolatowski, a convicted sex offender who has identified as a woman, being moved to the all-female Cornton Vale prison.

Read more: UK Government confirms 'concerns' over Holyrood gender reforms

Last month, a person who hurled pizza and a skateboard during a series of public order offences broke new legal ground by appearing in court as both a man and a woman on the same day. Alannah Morgan was sentenced at Dundee Sheriff Court in relation to four separate complaints, two of which were committed while identified as Alan, and two while Morgan identified as a woman.

Shona Robison, the minister taking the bill through parliament, last week wrote to MSPs to say that anyone on the sex offender’s register will have to notify police if they apply to change their gender.

The Scottish Government has said that it will consider all amendments to the bill.

The legislation is expected to pass as there is a majority in favour of the reforms across the Holyrood parties.