Trans rape suspects may be called men, Crown Prosecution Service decides in wake of legal challenge

Published: 12:27 EDT, 30 September 2026 | Updated: 12:36 EDT, 30 September 2026 Transgender women who are accused of a sex offence can be referred to as men under new guidance to prosecutors.Barristers have been told that ‘where it is appropriate’ they can address biologically male trans women as men when they are facing allegations of sexual violence.The Crown Prosecution Service set out changes to its guidance following a legal challenge brought by gender-critical campaign group Sex Matters.It came after a series of cases in which biologically male defendants being prosecuted for sex crimes were referred to as women in court.For example, in 2024 a trans woman jailed for raping a woman was referred to as ‘she’ during his sentencing hearing by barristers and the judge.Lexi Secker, then 35, was living as a man and used the name Alex when the attack took place after a night out in Blunsdon, Wiltshire, in 2023.However, throughout the sentencing hearing the defendant was referred to as ‘Lexi Secker’, ‘Ms Secker’ and ‘she’.In its wider challenge in the High Court, Sex Matters claimed that CPS guidance was ‘legally flawed’ because it conflated sex and gender in relation to a person’s ability to consent to sex.Although the claim failed, it led to the CPS amending its guidance on cases which involve ‘deception as to sex’. Lexi Secker, who later identified as a woman, was been jailed for more than six years for rape - and was referred to as 'she' during his sentencing in courtIts previous advice said only witnesses ‘such as a victim of a sexual assault by a trans person’ could be referred to by ‘pronouns matching their birth sex’.The updated version, however, allows prosecutors to use male pronouns for transgender women defendants if doing otherwise could lead to unfairness.The new version also says: ‘There will also be situations where it is appropriate for a prosecutor or a witness (for example, a victim of sexual violence or assault by a trans person) to refer to a trans person by pronouns matching their birth sex.’Chief executive of Sex Matters, Maya Forstater, said it was an ‘important improvement’.‘I am proud that Sex Matters brought this case, which led to the High Court making stinging criticism of CPS guidance on sex by deception,’ she said.‘Our position remains that since ‘gender identity’ is wholly subjective and poorly defined, a person’s self-identification as to gender is not relevant to whether consent has been freely given.‘The CPS guidance conflates the reality of sex with the idea of “gender identity”, which has serious consequences for charging decisions.‘Although the High Court stopped short of declaring the guidance unlawful, it has left the CPS with clear instructions to reconsider whether its approach was appropriate.‘This has been a long and gruelling legal process, but it has resulted in important improvements.’A CPS spokesman said: ‘We welcome this judgment. The court rejected the claimant’s interpretation of the law on consent and ruled that it had been correctly stated by the CPS.‘The guidance we provide undergoes rigorous scrutiny to make sure it assists prosecutors to apply the law in criminal cases brought to the CPS for a legal decision.‘This was no different for the deception as to sex guidance.’