It had been more than a week since the ruling in For Women Scotland v. Scottish Ministers and despite the widespread celebrations of feminists and amazing widespread front-page news coverage, none of the national charities working to address men’s violence against women and girls had spoken out about what the ruling meant for women survivors of men’s violence against women and girl and those working with them. Meanwhile, some organisations working with victim-survivors of sexual and domestic violence and abuse had issued statements pledging that the ruling will not change their working practices whilst not making it clear whether women would be able to access women-only support delivered by women, or whether a woman may find a man who claims to be a woman, rape and sexual violence support centre or counselling group.
Shonagh Dillon and I have each worked in the specialist sector supporting women victims of men’s violence for over three decades. We have been speaking up about the importance of women-only spaces for years. Shonagh’s doctoral thesis ‘TERF Bigot Transphobe – We Found the Witch. Burn Her’ researched the clash between transgender ideology and women’s sex-based rights analysing the direct impact on the male violence against women sector. I wrote Defending Women’s Spaces about the importance of women only spaces, in particular why they are essential to meet the needs of women who have been subject to men’s violence and the first policy for a women’s charity using the exceptions permitted in the Equality Act to maintain women-only services. I made a written complaint to Women’s Aid Federation England about the use of ‘trans captured language and concepts’ in a survey to member organisations back in 2018.
The ruling did not change the law, instead it clarified what the law meant. And it confirmed what Shonagh and I – and others – have been saying for over a decade. The Equality Act permits and recognises the need for women-only spaces for women victim-survivors of men’s violence. Frustrated by the lack of response from the national charities, most of which were originally constituted to meet the needs of women, Shonagh and I decided to write an open letter to them jointly about what we see as their failure to put the interests of women who have been subjected to men’s violence first.
In an article by Janet Eastham, ‘Domestic violence shelters ‘defy trans court ruling’’, The Telegraph picked up the issue and spoke to us about the letter. Now, more than ever, we need those in roles and with organisations who were sent up to advocate on behalf of women, girls and children who’ve been subjected to men’s violence to show leadership and put women first. If not before, if not now, when?
The letter follows below.
Dear Women’s Aid Federation England, Scottish Women’s Aid, Welsh Women’s Aid, Women’s Aid Federation Northern Ireland, Rape Crisis England and Wales, Rape Crisis Scotland, Rape Crisis Northern Ireland, Imkaan, SafeLives, The Survivors Trust, End Violence Against Women and Girls Coalition (EVAW),
We are writing to you following the decision of the UK Supreme Court that “sex” in the Equality Act 2010 means biological sex and therefore the words ”woman” or “women” in The Act refer to those who are female, moreover that The Act’s protections were always intended to be read as such. The judgment made clear that men who identify as women are men, regardless of their identification and whether they hold a Gender Recognition Certificate, and again, that The Act never intended otherwise.
It is well established that victims of sexual and domestic violence and abuse, including prostitution, are disproportionately women and that perpetrators are overwhelmingly male. It is also well established that women victim-survivors benefit most from women-only independent specialist support and indeed that the overwhelming majority would choose female only support, if given the option. Mixed sex services for victim survivors of sexual and domestic violence and abuse are less effective at meeting the needs of women.
Those activists and survivors, primarily women, who set up sexual and domestic violence services starting in the 1970s understood the need for single-sex support for victim-survivors of men’s violence, hence most of these services were women-only from the outset. The single-sex exceptions in The Equality Act reflected this understanding and made clear that males could lawfully be excluded from services for women where it is a proportionate means of achieving a legitimate aim meeting at least one of six qualifying criteria, including that the service would not be as effective if it were provided for women and men jointly and that a woman using the service might object to the presence of a man, or vice versa. The claim that exclusions must be made on a case-by-case basis is false and always was.
Every survivor should be able to access independent specialist services. We support the delivery of specialist services for the minority of victim-survivors of sexual and domestic violence and abuse who are men and/or the provision of mixed sex services for those who identify as transgender. But these services must clearly be identified and advertised as such, and women should always be able to choose and trust that the services you advertise as women-only services are delivered by women. Transwomen are not women and should not be treated as such in single-sex sexual and domestic violence services.
Over the past decade, as membership organisations and/or those responsible for quality audits of services, we believe that you have collectively and individually failed to fully articulate the importance of single-sex spaces for women victim-survivors of men’s violence. You have made space for your members and/or organisations that you audit to deliver mixed-sex services in the name of transgender, inclusivity. You have failed to require such service providers to make clear whether they include men in services that they claim are women only. You have failed to adequately make the case for women-only services to law and policy makers and to commissioners and providers of services. In this, we believe that you have failed to act in the best interests of your and our primary beneficiaries.
We understand since the ruling, some member organisations have reaffirmed their intention to continue to provide mixed sex support presented as women-only in the name of transgender inclusion. This is not lawful. Further, the failure to provide single-sex services for women and girls may rightly be open to sex discrimination claims. In many cases, the failure to provide single-sex services for women and in doing so meet the needs of women, may be at odds with the organisations’ charitable objects which is a legal obligation and would be a failure of governance.
We call on you to make access to women-only provision delivered by women for victim-survivors of sexual and domestic violence and abuse a priority and a requirement. It should be universally understood that our services are by and for women, and they should be accessible as such to every woman. This reaffirmed declaration of the movement’s core purpose should be openly and proudly stated.
Dr Karen Ingala Smith, author of Defending Women’s Spaces
Dr Shonagh Dillon, author of TERF/Bigot/Transphobe – We found the witch, burn her!
Since being contacted by the Telegraph, two of the national organisations have issued statements. (Rape Crisis England and Wales ; Women’s Aid Federation England.)