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Scottish man is first to be charged with transgender prejudice

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  1. Ian Bower 6 Sep 2011, 3:38pm

    Just look at the penalty. Pathetic and it shows that this type of crime is still not taken seriously.

    1. billywingart 7 Sep 2011, 6:49am

      Just send him to the front lines in Afghanistan – he should do well since he must surely understand those nut cases

      1. Is this a joke?

  2. Vikki-Marie Gaynor 6 Sep 2011, 3:42pm

    This person deserves a MORE Severe penelty,,, Trans HATE is something that needs to be dealt with by more harse peneltys,, and where is the Tresspassing,, he went into her home ,,, THIS is NOT JUSTICE !!!!

    1. The British press attitude is so hypocritical and transpobic when a violent intruder (creepily a complete stranger) breaks into a woman’s house in the early hours of the morning – if that female crime victim happens to be trans. The courier report below, tweely describes the terrifyingly violent break-in as an “early morning visit” and their headline cushions nasty with inverted commas.

      http://www.thecourier.co.uk/News/Perthshire/article/17092/serving-soldier-fined-for-nasty-attack-on-transgender-victim.html

  3. If someone had broke into my house and threatened violence there would be much more done about it simply because I’m not transgender! How can this poor woman feel safe in her own home? :(

  4. Heather Anne McGlade 6 Sep 2011, 4:05pm

    A conviction ? yes that’s good, but nowhere near severe enough. The judiciary never seem to take into account, the personal trauma, and psychological effects on the victim.

  5. Clearly a violent episode, in someones own home, motivated by hate. The sentence hardly reflects the severity of the crime. Of course, the COPFS (Scottish Prosecution Service) no longer prosecute under Hamesucken. Had that been the case then I am sure a meatier sentence would have been forthcoming.

  6. Eh? I don’t get it. He broke into someone’s house, hit her, and threatened her and got a £350 fine? And yet people got prison sentences for stealing an ice cream in the riots a few weeks ago? Doesn’t make sense.

  7. Violets49 6 Sep 2011, 4:59pm

    There really needs to be a mandatory jail sentence for trans crimes! One can only hope that the Army will now kick this moron out!

  8. Violets49 6 Sep 2011, 5:02pm

    WTF is right about Hamesucken! Until fairly recently,the maximum penalty for Hamesucken was death! Alas,you would have to go WAY back to find a prosecution for that offence! let alone an execution!

  9. A fair punishment for a rather trivial ‘crime’.

    1. breaking into someones home and being violent, added to that the hate motivation, is hardly, in anyones books, ‘trivial’. Had the police been able to libel a charge under the indictable offence of hamesucken then a prison sentence would have been mandatory and justifiably right under these circumstances. He got off light like most hate crime offenders who are charged with Breach of the Peace.

    2. “A fair punishment for a rather trivial ‘crime’.”

      Lucky for you stupidity isn’t a crime, you’d be bankrupt.

    3. So if I break into your home, hit you and then cause you distress I cna just throw £350 at you and it’ll be all ok?

      Are you a sociopath?

      1. Matthew is a well know fool in this neck of the woods…. if this forum was a village, he would be one of its many idiots.

  10. He is having to face the army court now, the court announced that this had to be taken into account. They say that his punishment is almost certain to be far more harsh than that of the one he was sentenced today. They also forgot to mention it was his first charge, I am not dismissing the severity of it – why would I? I pressed the charges – but I am glad that it was even recognised, also I am hoping that the army courts will deal with it further to a level more to my pleasing.

    1. DJ Sheepiesheep 6 Sep 2011, 11:32pm

      Chloe, it must have taken a great deal of courage to see this through to a conviction, and I hope the nasty little bigot gets what he deserves from a military court. Your bravery in this such a horrible situation should serve as an inspiration not just to Trans Folk but to all members of the LGBT community.

    2. Members of the armed forces are liable for ‘consequential punishment’ whenever they commit a civil offence; in effect being tried twice for the same offence.
      The lenient sentence in the civil court may not be repeated by the military one.

      1. Hopefully the armed forces do deal with this more harshly… but if the headline is correct can the forces prosecute him?

        It indicated that he was out celebrating being accepted for the armed forces, technically then he was not actually a serving member? If he did not yet have a military base – uniform or rank and number does the military have any jurisdiction? or is this his prior conviction a grey area that would have him bared from military service thereby allowing him to escape further prosecution?

    3. theotherone 7 Sep 2011, 2:04pm

      you where brave to do this as it’s not pleasant to face the police when you’re Gender Variant as I know from personal experience.

    4. Hodge Podge 7 Sep 2011, 4:53pm

      Glad to hear it.

    5. I’m ex-british army and this guy will be on charges. There is a section in army law where an action made by a soldier, for instance flicking a cig butt at someone that soldier can be charged, I think it’s section 22 ” bringing the army in to disripute ”
      As when you are a soldier you are basically the army’s property, and any action you take reflects on the british army, so there will be charges, the last thing the army needs is a public display like this. Believe me, I was brought up on charges for simply shouting in the street, by the army, as my conduct ” brought the army into disripute ” it’s basically the army’s way of controlling you, so yes this guy will defo be brought on charges and may lose his career, it also stays on your military record too. So when he leaves, ( if he doesn’t already get thrown out on a dishonourable discharge ) it will follow him to future employers.

  11. Jen Marcus 6 Sep 2011, 9:47pm

    The sentence and fine for this crime is inadequate for the offense.This is hardly justice! In some states in the USA, if you break into someone’s house and commit a violent crime against that person, you could get shot and not live to tell about it The “shooter victim” would not be charged for your homicide because you perpetrated a home invasion and assault and battery with an intent to do serious bodily harm.

  12. WTF,I agree about hamesucken but the problem withhamesucken is that like ‘hate’crime,it’s very dificult to prove that the reason for forcing an entry was soley to cause harm to the inhabitants! I don’t think there’s been a prosecution for hamesucken in living memory! As for breach of the peace,it carries a maximum sentence of life in scotland! But again,seldom imposed in modern times!

  13. They need to throw the book at him. I hope they sue him and get all they can.

  14. “His solicitor Peter O’Neill said his client was “immature” and wanted to apologise to everyone involved.”

    Immature? Oh, no, immature is when you giggle and point when you see a naked statue. To break into someone’s house to verbally and physically abuse them becuase of ones prejudices is simply insane.

  15. A £350 fine for a hate crime!!! Are you kidding me thats not justice that’s letting the guy off.

    1. £350 is too much. Another money grabber for ‘hurt feelings.’

      1. Why bother coming on a LGBT news website mathew? You’re weird. Your life must be very boring.

        1. He’s a closet case or a basket case, that’s why. No one with a normal balanced view of themselves or sex would do such a thing.

      2. Oh wow another completely arrogant comment from a person with almost complete ignorance to the situation and what it involves.
        You are obviously not aware how the legal system in Britain works, none of the fine sentenced to Porter will ever see Dow, infact I think that ridiculous, I don’t understand why she didn’t take him for all he’s got.
        So your statement of ”Another money grabber for ‘hurt feelings’.” Makes absolutely no sense what so ever!

  16. You’re kidding me? Is that it? He can attack the victim physically and cause a hugh amount of distress but he gets fined THAT? Disgusting.

    He doesn’t deserve to be in the army either – he’s got serious issues.

    1. “He doesn’t deserve to be in the army either – he’s got serious issues.”

      Agreed… given he clearly can’t control his emotions and his prejudices manifest into aggressive physical violence, I wouldn’t let this troglodyte near a pea shooter, let alone an armed weapon. Psychopaths should not be provided with protection of society duties.

  17. Angela S. 7 Sep 2011, 3:59pm

    As reported, it does not state she was harrassed in her OWN home, but a place where she did sleep. Could be anywhere from a friends place to squatting..
    I would say that “breach of the peace” definitely is just a slap on the wrist for an offence that more sounds like assault..

  18. Chuck him out of the army.

  19. Another Hannah 7 Sep 2011, 10:32pm

    This truly makes a joke of British justice. A fine for this kind of intimidation and terrorising!? I no longer feel safe in my home, because I’m not safe in my home.

  20. Chloe, I’m sorry that you suffered this awful attack and I’m glad that the guy was prosecuted even if the sentence seems very lenient. I’m a little confused about some of the coverage though, was it necessary to out you by using your name and was it necessary for your transition status to be revealed (part way through). I must say I’m surprised to see such details reveales in Pinknews.

    Oh and Matthew – I doubt you’d be so disissive of hate crime if someone woke you up having broken in and then insulted you, threatened violence and questioned your very right to exist. If you can’t understand how this might affect someone then there is something wrong with you.

    1. I am glad it is over to be honest. Though the charges were very lenient, like I said before it was his first charge and he does have to face the Army still. Now on the front of the army just to clear that up, he already would be in the army, he had finished his training, had his passing out parade and been sent abroad to be climatised.

      To be honest I was not happy when I found that the press was not just in the news papers but also online, and for that reason. The first thing I said to my mum is, I am glad that it is getting press but I am not glad that they have used my previous name. I also wasn’t happy with the wording of the Sun’s write-up who said ”Terry Porter, 19, hurled vile abuse at Chloe Dow — who used to be a bloke called Calum — about her planned sex-change”!

      I guess it is all fine and well saying that I am not happy with the wording of the press and it wasn’t fair for then to out me etc. but there is not much I can do now, it has been printed and posted already. xx

  21. postoplass 8 Sep 2011, 11:20am

    Shame transphobia hate comments aren’t allowed in a similar case in England, its high time it was as transphobia impoacts badly on the individual, if Lynn Featherstone wants to be taken seriously then close that loop hole, as someone who regularly gets abuse from male passers by, it annoys that I have to let it go above my head, Chloe you were right be angry about the Sun, an approach by you to the PCC would suffice, and Trans Media Watch also.

  22. Andrea B. 8 Sep 2011, 2:58pm

    He should have been shoved in jail and left there. I hope the Army jail him and then dishonourably discharge him.

    This law should be rolled out across all of England, Scotland, Wales and Northern Ireland.

  23. mark paterson 9 Sep 2011, 10:48am

    It is for this reason my partner and I are moving to Iceland in the sring of 2012 where everybody is treated the same, here in Scotland, homophobia and transgenderphobia are ingrained in society, I am 40 and just sick to the death of it all, we have tried quite a few area’s and pretty much all the same, And I am sorry to say I am Scottish born and bred. I am ashamed at times to even come from this country

  24. I’m guessing he didn’t make military intelligence.

  25. “His solicitor Peter O’Neill said his client was “immature” and wanted to apologise to everyone involved.”

    He’s “immature”? Also an irrational bigot lacking in self discipline liable to commit rash acts of violence.

    So the State entrusts him to a real gun with bullets in it.

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