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1 May 2013updated 17 Jan 2024 7:31am

We must not uphold gender norms at the expense of human dignity

Sexual intimacy, gender variance and criminal law.

By Alex Sharpe

Imagine the following scenario:

A white woman and a man of mixed race, who outwardly appears white, meet in a wine bar. They flirt with each other. The man returns with the woman to her apartment where mutually satisfying sexual intercourse takes place. Subsequently, the woman discovers the mixed-race background of the man and claims to feel violated. She reports the matter to the police and requests that he be charged with rape on the basis of his failure to disclose his racial background.

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