• Explain it like I am five. Why not assault ?

    From Jethro@jethro_UK@hotmailbin.com to uk.legal.moderated on Tue Jun 9 14:07:02 2026
    From Newsgroup: uk.legal.moderated

    https://www.bbc.co.uk/news/articles/cp8rl45jmv7o

    A man has been given a community order after being convicted in a first- of-its-kind sex-based harassment prosecution brought by the British
    Transport Police (BTP).

    David Stroud grabbed a woman's hair and asked if he could kiss her on an evening train to London from Hastings, East Sussex.

    He was arrested two days after a new law banning harassment motivated by
    a person's sex came into force on 1 April.

    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From Jon Ribbens@jon+usenet@unequivocal.eu to uk.legal.moderated on Tue Jun 9 17:22:34 2026
    From Newsgroup: uk.legal.moderated

    On 2026-06-09, Jethro <jethro_UK@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/cp8rl45jmv7o

    A man has been given a community order after being convicted in a first- of-its-kind sex-based harassment prosecution brought by the British Transport Police (BTP).

    David Stroud grabbed a woman's hair and asked if he could kiss her on an evening train to London from Hastings, East Sussex.

    He was arrested two days after a new law banning harassment motivated by
    a person's sex came into force on 1 April.

    Because the maximum for "common assault and battery" is 6 months,
    and the maximum for this new law is 2 years?

    The "new law" is basically a sentencing uplift for the existing
    Public Order Act s4A "intentional harassment, alarm or distress",
    which requires "threatening, abusive or insulting words or behaviour,
    or disorderly behaviour". So you don't need to assault the victim to
    be guilty of it.

    https://www.legislation.gov.uk/ukpga/2023/47 https://www.legislation.gov.uk/ukpga/1986/64

    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From The Todal@the_todal@icloud.com to uk.legal.moderated on Tue Jun 9 18:33:38 2026
    From Newsgroup: uk.legal.moderated

    On 09/06/2026 18:22, Jon Ribbens wrote:
    On 2026-06-09, Jethro <jethro_UK@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/cp8rl45jmv7o

    A man has been given a community order after being convicted in a first-
    of-its-kind sex-based harassment prosecution brought by the British
    Transport Police (BTP).

    David Stroud grabbed a woman's hair and asked if he could kiss her on an
    evening train to London from Hastings, East Sussex.

    He was arrested two days after a new law banning harassment motivated by
    a person's sex came into force on 1 April.

    Because the maximum for "common assault and battery" is 6 months,
    and the maximum for this new law is 2 years?

    The "new law" is basically a sentencing uplift for the existing
    Public Order Act s4A "intentional harassment, alarm or distress",
    which requires "threatening, abusive or insulting words or behaviour,
    or disorderly behaviour". So you don't need to assault the victim to
    be guilty of it.

    https://www.legislation.gov.uk/ukpga/2023/47 https://www.legislation.gov.uk/ukpga/1986/64


    Good answer.

    At first glance, "motivated by a person's sex" is rather vague and unsatisfactory. Probably up to the jury to decide. If a man assaults
    another man, I wonder how the court establishes whether the assault was "because of" the victim's sex.

    But I think it might well cover the harassment of trans people by those
    who firmly believe that they are disgusting and deserving of
    intimidation. And obviously harassment fall far short of assault.

    The wording is

    (1)A person (A) is guilty of an offence under this section ifrCo

    (a)A commits an offence under section 4A (intentional harassment, alarm
    or distress), and

    (b)A carried out the conduct referred to in section 4A(1) because of the relevant personrCOs sex (or presumed sex).

    (2)In subsection (1)rCo

    rCLpresumedrCY means presumed by A;

    rCLthe relevant personrCY means the person to whom A intended to cause harassment, alarm or distress.

    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Tue Jun 9 18:58:21 2026
    From Newsgroup: uk.legal.moderated

    On 9 Jun 2026 at 15:07:02 BST, "Jethro" <jethro_UK@hotmailbin.com> wrote:

    https://www.bbc.co.uk/news/articles/cp8rl45jmv7o

    A man has been given a community order after being convicted in a first- of-its-kind sex-based harassment prosecution brought by the British
    Transport Police (BTP).

    David Stroud grabbed a woman's hair and asked if he could kiss her on an evening train to London from Hastings, East Sussex.

    He was arrested two days after a new law banning harassment motivated by
    a person's sex came into force on 1 April.

    If it was just common assault he would probably have been bound over with no actual penalty. The offence he was charged with is more serious.
    --

    Roger Hayter

    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From Jethro@jethro_UK@hotmailbin.com to uk.legal.moderated on Tue Jun 9 20:13:15 2026
    From Newsgroup: uk.legal.moderated

    On Tue, 09 Jun 2026 17:22:34 +0000, Jon Ribbens wrote:

    On 2026-06-09, Jethro <jethro_UK@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/cp8rl45jmv7o

    A man has been given a community order after being convicted in a
    first-
    of-its-kind sex-based harassment prosecution brought by the British
    Transport Police (BTP).

    David Stroud grabbed a woman's hair and asked if he could kiss her on
    an evening train to London from Hastings, East Sussex.

    He was arrested two days after a new law banning harassment motivated
    by a person's sex came into force on 1 April.

    Because the maximum for "common assault and battery" is 6 months, and
    the maximum for this new law is 2 years?

    The "new law" is basically a sentencing uplift for the existing Public
    Order Act s4A "intentional harassment, alarm or distress", which
    requires "threatening, abusive or insulting words or behaviour,
    or disorderly behaviour". So you don't need to assault the victim to be guilty of it.

    https://www.legislation.gov.uk/ukpga/2023/47 https://www.legislation.gov.uk/ukpga/1986/64

    That actually makes sense. Thanks

    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Tue Jun 9 19:07:56 2026
    From Newsgroup: uk.legal.moderated

    On 9 Jun 2026 at 18:33:38 BST, "The Todal" <the_todal@icloud.com> wrote:

    On 09/06/2026 18:22, Jon Ribbens wrote:
    On 2026-06-09, Jethro <jethro_UK@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/cp8rl45jmv7o

    A man has been given a community order after being convicted in a first- >>> of-its-kind sex-based harassment prosecution brought by the British
    Transport Police (BTP).

    David Stroud grabbed a woman's hair and asked if he could kiss her on an >>> evening train to London from Hastings, East Sussex.

    He was arrested two days after a new law banning harassment motivated by >>> a person's sex came into force on 1 April.

    Because the maximum for "common assault and battery" is 6 months,
    and the maximum for this new law is 2 years?

    The "new law" is basically a sentencing uplift for the existing
    Public Order Act s4A "intentional harassment, alarm or distress",
    which requires "threatening, abusive or insulting words or behaviour,
    or disorderly behaviour". So you don't need to assault the victim to
    be guilty of it.

    https://www.legislation.gov.uk/ukpga/2023/47
    https://www.legislation.gov.uk/ukpga/1986/64


    Good answer.

    At first glance, "motivated by a person's sex" is rather vague and unsatisfactory. Probably up to the jury to decide. If a man assaults
    another man, I wonder how the court establishes whether the assault was "because of" the victim's sex.

    But I think it might well cover the harassment of trans people by those
    who firmly believe that they are disgusting and deserving of
    intimidation. And obviously harassment fall far short of assault.

    The wording is

    (1)A person (A) is guilty of an offence under this section ifrCo

    (a)A commits an offence under section 4A (intentional harassment, alarm
    or distress), and

    (b)A carried out the conduct referred to in section 4A(1) because of the relevant personrCOs sex (or presumed sex).

    (2)In subsection (1)rCo

    rCLpresumedrCY means presumed by A;

    rCLthe relevant personrCY means the person to whom A intended to cause harassment, alarm or distress.

    Does that mean that if a man grabs another man by the hair and demands a kiss, and if it can be shown in court that this was motivated by homosexual orientation rather than poor sense of humour, would he be guilty of this offence? I can't see why not.
    --

    Roger Hayter

    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From Max Demian@max_demian@bigfoot.com to uk.legal.moderated on Wed Jun 10 13:53:28 2026
    From Newsgroup: uk.legal.moderated

    On 09/06/2026 19:58, Roger Hayter wrote:
    On 9 Jun 2026 at 15:07:02 BST, "Jethro" <jethro_UK@hotmailbin.com> wrote:

    https://www.bbc.co.uk/news/articles/cp8rl45jmv7o

    A man has been given a community order after being convicted in a first-
    of-its-kind sex-based harassment prosecution brought by the British
    Transport Police (BTP).

    David Stroud grabbed a woman's hair and asked if he could kiss her on an
    evening train to London from Hastings, East Sussex.

    He was arrested two days after a new law banning harassment motivated by
    a person's sex came into force on 1 April.

    If it was just common assault he would probably have been bound over with no actual penalty. The offence he was charged with is more serious.

    Why? (Being assaulted must be pretty bad.)
    --
    Max Demian

    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From Max Demian@max_demian@bigfoot.com to uk.legal.moderated on Wed Jun 10 13:51:57 2026
    From Newsgroup: uk.legal.moderated

    On 09/06/2026 18:33, The Todal wrote:
    On 09/06/2026 18:22, Jon Ribbens wrote:
    On 2026-06-09, Jethro <jethro_UK@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/cp8rl45jmv7o

    A man has been given a community order after being convicted in a first- >>> of-its-kind sex-based harassment prosecution brought by the British
    Transport Police (BTP).

    David Stroud grabbed a woman's hair and asked if he could kiss her on an >>> evening train to London from Hastings, East Sussex.

    He was arrested two days after a new law banning harassment motivated by >>> a person's sex came into force on 1 April.

    Because the maximum for "common assault and battery" is 6 months,
    and the maximum for this new law is 2 years?

    The "new law" is basically a sentencing uplift for the existing
    Public Order Act s4A "intentional harassment, alarm or distress",
    which requires "threatening, abusive or insulting words or behaviour,
    or disorderly behaviour". So you don't need to assault the victim to
    be guilty of it.

    https://www.legislation.gov.uk/ukpga/2023/47
    https://www.legislation.gov.uk/ukpga/1986/64


    Good answer.

    At first glance, "motivated by a person's sex" is rather vague and unsatisfactory. Probably up to the jury to decide. If a man assaults
    another man, I wonder how the court establishes whether the assault was "because of" the victim's sex.

    But I think it might well cover the harassment of trans people by those
    who firmly believe that they are disgusting and deserving of
    intimidation. And obviously harassment fall far short of assault.

    The wording is

    (1)A person (A) is guilty of an offence under this section ifrCo

    (a)A commits an offence under section 4A (intentional harassment, alarm
    or distress), and

    (b)A carried out the conduct referred to in section 4A(1) because of the relevant personrCOs sex (or presumed sex).

    (2)In subsection (1)rCo

    -a-a-a rCLpresumedrCY means presumed by A;

    -a-a-a rCLthe relevant personrCY means the person to whom A intended to cause
    harassment, alarm or distress.

    OK. So what is the "presumed sex" of a trans woman (or man)?
    --
    Max Demian

    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From Jon Ribbens@jon+usenet@unequivocal.eu to uk.legal.moderated on Wed Jun 10 13:13:31 2026
    From Newsgroup: uk.legal.moderated

    On 2026-06-10, Max Demian <max_demian@bigfoot.com> wrote:
    On 09/06/2026 18:33, The Todal wrote:
    On 09/06/2026 18:22, Jon Ribbens wrote:
    On 2026-06-09, Jethro <jethro_UK@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/cp8rl45jmv7o

    A man has been given a community order after being convicted in a first- >>>> of-its-kind sex-based harassment prosecution brought by the British
    Transport Police (BTP).

    David Stroud grabbed a woman's hair and asked if he could kiss her on an >>>> evening train to London from Hastings, East Sussex.

    He was arrested two days after a new law banning harassment motivated by >>>> a person's sex came into force on 1 April.

    Because the maximum for "common assault and battery" is 6 months,
    and the maximum for this new law is 2 years?

    The "new law" is basically a sentencing uplift for the existing
    Public Order Act s4A "intentional harassment, alarm or distress",
    which requires "threatening, abusive or insulting words or behaviour,
    or disorderly behaviour". So you don't need to assault the victim to
    be guilty of it.

    https://www.legislation.gov.uk/ukpga/2023/47
    https://www.legislation.gov.uk/ukpga/1986/64


    Good answer.

    At first glance, "motivated by a person's sex" is rather vague and
    unsatisfactory. Probably up to the jury to decide. If a man assaults
    another man, I wonder how the court establishes whether the assault was
    "because of" the victim's sex.

    But I think it might well cover the harassment of trans people by those
    who firmly believe that they are disgusting and deserving of
    intimidation. And obviously harassment fall far short of assault.

    The wording is

    (1)A person (A) is guilty of an offence under this section ifrCo

    (a)A commits an offence under section 4A (intentional harassment, alarm
    or distress), and

    (b)A carried out the conduct referred to in section 4A(1) because of the
    relevant personrCOs sex (or presumed sex).

    (2)In subsection (1)rCo

    -a-a-a rCLpresumedrCY means presumed by A;

    -a-a-a rCLthe relevant personrCY means the person to whom A intended to cause
    harassment, alarm or distress.

    OK. So what is the "presumed sex" of a trans woman (or man)?

    It doesn't matter, that's the good bit. If someone is harassing someone
    because they think they're trans, then they are doing so because of what
    they presume their sex is, regardless of what they presume it to be, or
    whether they are correct, or what they think "sex" means.

    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Wed Jun 10 13:39:45 2026
    From Newsgroup: uk.legal.moderated

    On 10 Jun 2026 at 13:51:57 BST, "Max Demian" <max_demian@bigfoot.com> wrote:

    On 09/06/2026 18:33, The Todal wrote:
    On 09/06/2026 18:22, Jon Ribbens wrote:
    On 2026-06-09, Jethro <jethro_UK@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/cp8rl45jmv7o

    A man has been given a community order after being convicted in a first- >>>> of-its-kind sex-based harassment prosecution brought by the British
    Transport Police (BTP).

    David Stroud grabbed a woman's hair and asked if he could kiss her on an >>>> evening train to London from Hastings, East Sussex.

    He was arrested two days after a new law banning harassment motivated by >>>> a person's sex came into force on 1 April.

    Because the maximum for "common assault and battery" is 6 months,
    and the maximum for this new law is 2 years?

    The "new law" is basically a sentencing uplift for the existing
    Public Order Act s4A "intentional harassment, alarm or distress",
    which requires "threatening, abusive or insulting words or behaviour,
    or disorderly behaviour". So you don't need to assault the victim to
    be guilty of it.

    https://www.legislation.gov.uk/ukpga/2023/47
    https://www.legislation.gov.uk/ukpga/1986/64


    Good answer.

    At first glance, "motivated by a person's sex" is rather vague and
    unsatisfactory. Probably up to the jury to decide. If a man assaults
    another man, I wonder how the court establishes whether the assault was
    "because of" the victim's sex.

    But I think it might well cover the harassment of trans people by those
    who firmly believe that they are disgusting and deserving of
    intimidation. And obviously harassment fall far short of assault.

    The wording is

    (1)A person (A) is guilty of an offence under this section ifrCo

    (a)A commits an offence under section 4A (intentional harassment, alarm
    or distress), and

    (b)A carried out the conduct referred to in section 4A(1) because of the
    relevant personrCOs sex (or presumed sex).

    (2)In subsection (1)rCo

    rCLpresumedrCY means presumed by A;

    rCLthe relevant personrCY means the person to whom A intended to cause >> harassment, alarm or distress.

    OK. So what is the "presumed sex" of a trans woman (or man)?

    It tells you in the bit you are replying to, it is whatever sex the offender presumed his victim to be.
    --

    Roger Hayter

    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Wed Jun 10 13:51:25 2026
    From Newsgroup: uk.legal.moderated

    On 10 Jun 2026 at 14:13:31 BST, "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote:

    On 2026-06-10, Max Demian <max_demian@bigfoot.com> wrote:
    On 09/06/2026 18:33, The Todal wrote:
    On 09/06/2026 18:22, Jon Ribbens wrote:
    On 2026-06-09, Jethro <jethro_UK@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/cp8rl45jmv7o

    A man has been given a community order after being convicted in a first- >>>>> of-its-kind sex-based harassment prosecution brought by the British
    Transport Police (BTP).

    David Stroud grabbed a woman's hair and asked if he could kiss her on an >>>>> evening train to London from Hastings, East Sussex.

    He was arrested two days after a new law banning harassment motivated by >>>>> a person's sex came into force on 1 April.

    Because the maximum for "common assault and battery" is 6 months,
    and the maximum for this new law is 2 years?

    The "new law" is basically a sentencing uplift for the existing
    Public Order Act s4A "intentional harassment, alarm or distress",
    which requires "threatening, abusive or insulting words or behaviour,
    or disorderly behaviour". So you don't need to assault the victim to
    be guilty of it.

    https://www.legislation.gov.uk/ukpga/2023/47
    https://www.legislation.gov.uk/ukpga/1986/64


    Good answer.

    At first glance, "motivated by a person's sex" is rather vague and
    unsatisfactory. Probably up to the jury to decide. If a man assaults
    another man, I wonder how the court establishes whether the assault was
    "because of" the victim's sex.

    But I think it might well cover the harassment of trans people by those
    who firmly believe that they are disgusting and deserving of
    intimidation. And obviously harassment fall far short of assault.

    The wording is

    (1)A person (A) is guilty of an offence under this section ifrCo

    (a)A commits an offence under section 4A (intentional harassment, alarm
    or distress), and

    (b)A carried out the conduct referred to in section 4A(1) because of the >>> relevant personrCOs sex (or presumed sex).

    (2)In subsection (1)rCo

    rCLpresumedrCY means presumed by A;

    rCLthe relevant personrCY means the person to whom A intended to cause >>> harassment, alarm or distress.

    OK. So what is the "presumed sex" of a trans woman (or man)?

    It doesn't matter, that's the good bit. If someone is harassing someone because they think they're trans, then they are doing so because of what
    they presume their sex is, regardless of what they presume it to be, or whether they are correct, or what they think "sex" means.

    I am not sure I agree with you. They are not assaulting the individual because he is a man, but because of some aspect of his presentation or behaviour which they don't think is appropriate for a man. You could be right, but I doubt if he would be quilty under this provision. Though he clearly would be guilty of some form of assault or public order offence.
    --

    Roger Hayter

    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From Max Demian@max_demian@bigfoot.com to uk.legal.moderated on Wed Jun 10 18:20:10 2026
    From Newsgroup: uk.legal.moderated

    On 10/06/2026 14:39, Roger Hayter wrote:
    On 10 Jun 2026 at 13:51:57 BST, "Max Demian" <max_demian@bigfoot.com> wrote:

    On 09/06/2026 18:33, The Todal wrote:
    On 09/06/2026 18:22, Jon Ribbens wrote:
    On 2026-06-09, Jethro <jethro_UK@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/cp8rl45jmv7o

    A man has been given a community order after being convicted in a first- >>>>> of-its-kind sex-based harassment prosecution brought by the British
    Transport Police (BTP).

    David Stroud grabbed a woman's hair and asked if he could kiss her on an >>>>> evening train to London from Hastings, East Sussex.

    He was arrested two days after a new law banning harassment motivated by >>>>> a person's sex came into force on 1 April.

    Because the maximum for "common assault and battery" is 6 months,
    and the maximum for this new law is 2 years?

    The "new law" is basically a sentencing uplift for the existing
    Public Order Act s4A "intentional harassment, alarm or distress",
    which requires "threatening, abusive or insulting words or behaviour,
    or disorderly behaviour". So you don't need to assault the victim to
    be guilty of it.

    https://www.legislation.gov.uk/ukpga/2023/47
    https://www.legislation.gov.uk/ukpga/1986/64


    Good answer.

    At first glance, "motivated by a person's sex" is rather vague and
    unsatisfactory. Probably up to the jury to decide. If a man assaults
    another man, I wonder how the court establishes whether the assault was
    "because of" the victim's sex.

    But I think it might well cover the harassment of trans people by those
    who firmly believe that they are disgusting and deserving of
    intimidation. And obviously harassment fall far short of assault.

    The wording is

    (1)A person (A) is guilty of an offence under this section ifrCo

    (a)A commits an offence under section 4A (intentional harassment, alarm
    or distress), and

    (b)A carried out the conduct referred to in section 4A(1) because of the >>> relevant personrCOs sex (or presumed sex).

    (2)In subsection (1)rCo

    rCLpresumedrCY means presumed by A;

    rCLthe relevant personrCY means the person to whom A intended to cause
    harassment, alarm or distress.

    OK. So what is the "presumed sex" of a trans woman (or man)?

    It tells you in the bit you are replying to, it is whatever sex the offender presumed his victim to be.

    What if I "presume" that a trans woman is female? Isn't that what <they>
    want?

    I don't go around "presuming" people's sex; I don't even know what that
    means.
    --
    Max Demian

    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From Mark Goodge@usenet@listmail.good-stuff.co.uk to uk.legal.moderated on Wed Jun 10 21:17:15 2026
    From Newsgroup: uk.legal.moderated

    On Wed, 10 Jun 2026 13:53:28 +0100, Max Demian <max_demian@bigfoot.com>
    wrote:

    On 09/06/2026 19:58, Roger Hayter wrote:
    On 9 Jun 2026 at 15:07:02 BST, "Jethro" <jethro_UK@hotmailbin.com> wrote:

    https://www.bbc.co.uk/news/articles/cp8rl45jmv7o

    A man has been given a community order after being convicted in a first- >>> of-its-kind sex-based harassment prosecution brought by the British
    Transport Police (BTP).

    David Stroud grabbed a woman's hair and asked if he could kiss her on an >>> evening train to London from Hastings, East Sussex.

    He was arrested two days after a new law banning harassment motivated by >>> a person's sex came into force on 1 April.

    If it was just common assault he would probably have been bound over with no >> actual penalty. The offence he was charged with is more serious.

    Why? (Being assaulted must be pretty bad.)

    Assault can be pretty trivial, depending on the nature of the act. Even a gentle touch can be assault. In fact, assault doesn't even need contact at
    all.

    Mark

    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Wed Jun 10 23:22:46 2026
    From Newsgroup: uk.legal.moderated

    On 10 Jun 2026 at 21:17:15 BST, "Mark Goodge" <usenet@listmail.good-stuff.co.uk> wrote:

    On Wed, 10 Jun 2026 13:53:28 +0100, Max Demian <max_demian@bigfoot.com> wrote:

    On 09/06/2026 19:58, Roger Hayter wrote:
    On 9 Jun 2026 at 15:07:02 BST, "Jethro" <jethro_UK@hotmailbin.com> wrote: >>>
    https://www.bbc.co.uk/news/articles/cp8rl45jmv7o

    A man has been given a community order after being convicted in a first- >>>> of-its-kind sex-based harassment prosecution brought by the British
    Transport Police (BTP).

    David Stroud grabbed a woman's hair and asked if he could kiss her on an >>>> evening train to London from Hastings, East Sussex.

    He was arrested two days after a new law banning harassment motivated by >>>> a person's sex came into force on 1 April.

    If it was just common assault he would probably have been bound over with no
    actual penalty. The offence he was charged with is more serious.

    Why? (Being assaulted must be pretty bad.)

    Assault can be pretty trivial, depending on the nature of the act. Even a gentle touch can be assault. In fact, assault doesn't even need contact at all.

    Mark

    Of course; just aggressively demanding a kiss would probably be assault, without the hair grabbing.
    --

    Roger Hayter

    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From Jon Ribbens@jon+usenet@unequivocal.eu to uk.legal.moderated on Thu Jun 11 12:03:43 2026
    From Newsgroup: uk.legal.moderated

    On 2026-06-11, The Todal <the_todal@icloud.com> wrote:
    On 11/06/2026 11:47, Max Demian wrote:
    How about making fun of someone because they are an unconvincing
    transsexual, like the David Walliams character in Little Britain?

    Then you're harassing them of what you presume their sex to be...

    I suppose that can't be broadcast ever again.

    I don't know about "broadcast", but all the episodes are readily
    available on many streaming services, including BBC iPlayer.

    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Thu Jun 11 12:41:44 2026
    From Newsgroup: uk.legal.moderated

    On 11 Jun 2026 at 11:47:01 BST, "Max Demian" <max_demian@bigfoot.com> wrote:

    On 11/06/2026 00:21, Roger Hayter wrote:
    On 10 Jun 2026 at 18:20:10 BST, "Max Demian" <max_demian@bigfoot.com> wrote: >>
    On 10/06/2026 14:39, Roger Hayter wrote:
    On 10 Jun 2026 at 13:51:57 BST, "Max Demian" <max_demian@bigfoot.com> wrote:

    On 09/06/2026 18:33, The Todal wrote:
    On 09/06/2026 18:22, Jon Ribbens wrote:
    On 2026-06-09, Jethro <jethro_UK@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/cp8rl45jmv7o

    A man has been given a community order after being convicted in a first-
    of-its-kind sex-based harassment prosecution brought by the British >>>>>>>> Transport Police (BTP).

    David Stroud grabbed a woman's hair and asked if he could kiss her on an
    evening train to London from Hastings, East Sussex.

    He was arrested two days after a new law banning harassment motivated by
    a person's sex came into force on 1 April.

    Because the maximum for "common assault and battery" is 6 months, >>>>>>> and the maximum for this new law is 2 years?

    The "new law" is basically a sentencing uplift for the existing
    Public Order Act s4A "intentional harassment, alarm or distress", >>>>>>> which requires "threatening, abusive or insulting words or behaviour, >>>>>>> or disorderly behaviour". So you don't need to assault the victim to >>>>>>> be guilty of it.

    https://www.legislation.gov.uk/ukpga/2023/47
    https://www.legislation.gov.uk/ukpga/1986/64


    Good answer.

    At first glance, "motivated by a person's sex" is rather vague and >>>>>> unsatisfactory. Probably up to the jury to decide. If a man assaults >>>>>> another man, I wonder how the court establishes whether the assault was >>>>>> "because of" the victim's sex.

    But I think it might well cover the harassment of trans people by those >>>>>> who firmly believe that they are disgusting and deserving of
    intimidation. And obviously harassment fall far short of assault.

    The wording is

    (1)A person (A) is guilty of an offence under this section ifrCo

    (a)A commits an offence under section 4A (intentional harassment, alarm >>>>>> or distress), and

    (b)A carried out the conduct referred to in section 4A(1) because of the >>>>>> relevant personrCOs sex (or presumed sex).

    (2)In subsection (1)rCo

    rCLpresumedrCY means presumed by A;

    rCLthe relevant personrCY means the person to whom A intended to cause
    harassment, alarm or distress.

    OK. So what is the "presumed sex" of a trans woman (or man)?

    It tells you in the bit you are replying to, it is whatever sex the offender
    presumed his victim to be.

    What if I "presume" that a trans woman is female? Isn't that what <they> >>> want?

    I don't go around "presuming" people's sex; I don't even know what that
    means.

    If you insult them because you like insulting women (as many men appear to do)
    and you presume they are woman then you can be found guilty. In real life, the
    nature of your presumption will probably be inferred from what body parts you
    refer to while insulting them. Unless you can convince the magistrate that >> your routinely comment on men's arses you will probably be found guilty.
    Perhaps if you knew they were a trans-identifying man you might have a defence
    that you knew perfectly well they were a man and were just being sarcastic. >> You would then be insulting them because of their gender-expression choices >> *not* because of their sex. I think this would be a good defence, perhaps
    others differ.

    How about making fun of someone because they are an unconvincing
    transsexual, like the David Walliams character in Little Britain?

    Well again they are being insulted not because of their biological sex but because of their behaviour, so not meeting the criteria for this offence. Other offences are available.
    --

    Roger Hayter

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  • From Max Demian@max_demian@bigfoot.com to uk.legal.moderated on Thu Jun 11 17:21:28 2026
    From Newsgroup: uk.legal.moderated

    On 10/06/2026 14:51, Roger Hayter wrote:
    On 10 Jun 2026 at 14:13:31 BST, "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote:

    On 2026-06-10, Max Demian <max_demian@bigfoot.com> wrote:
    On 09/06/2026 18:33, The Todal wrote:
    On 09/06/2026 18:22, Jon Ribbens wrote:
    On 2026-06-09, Jethro <jethro_UK@hotmailbin.com> wrote:
    https://www.bbc.co.uk/news/articles/cp8rl45jmv7o

    A man has been given a community order after being convicted in a first- >>>>>> of-its-kind sex-based harassment prosecution brought by the British >>>>>> Transport Police (BTP).

    David Stroud grabbed a woman's hair and asked if he could kiss her on an >>>>>> evening train to London from Hastings, East Sussex.

    He was arrested two days after a new law banning harassment motivated by >>>>>> a person's sex came into force on 1 April.

    Because the maximum for "common assault and battery" is 6 months,
    and the maximum for this new law is 2 years?

    The "new law" is basically a sentencing uplift for the existing
    Public Order Act s4A "intentional harassment, alarm or distress",
    which requires "threatening, abusive or insulting words or behaviour, >>>>> or disorderly behaviour". So you don't need to assault the victim to >>>>> be guilty of it.

    https://www.legislation.gov.uk/ukpga/2023/47
    https://www.legislation.gov.uk/ukpga/1986/64


    Good answer.

    At first glance, "motivated by a person's sex" is rather vague and
    unsatisfactory. Probably up to the jury to decide. If a man assaults
    another man, I wonder how the court establishes whether the assault was >>>> "because of" the victim's sex.

    But I think it might well cover the harassment of trans people by those >>>> who firmly believe that they are disgusting and deserving of
    intimidation. And obviously harassment fall far short of assault.

    The wording is

    (1)A person (A) is guilty of an offence under this section ifrCo

    (a)A commits an offence under section 4A (intentional harassment, alarm >>>> or distress), and

    (b)A carried out the conduct referred to in section 4A(1) because of the >>>> relevant personrCOs sex (or presumed sex).

    (2)In subsection (1)rCo

    rCLpresumedrCY means presumed by A;

    rCLthe relevant personrCY means the person to whom A intended to cause
    harassment, alarm or distress.

    OK. So what is the "presumed sex" of a trans woman (or man)?

    It doesn't matter, that's the good bit. If someone is harassing someone
    because they think they're trans, then they are doing so because of what
    they presume their sex is, regardless of what they presume it to be, or
    whether they are correct, or what they think "sex" means.

    I am not sure I agree with you. They are not assaulting the individual because
    he is a man, but because of some aspect of his presentation or behaviour which
    they don't think is appropriate for a man.

    Like being effeminate?
    --
    Max Demian

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