The Crown Prosecution Service (CPS) has updated its guidance to allow prosecutors greater discretion in how they refer to transgender offenders accused of sexual offences. Under the revised guidance, barristers may address biologically male trans women as men “where it is appropriate” in the context of such cases.

This change follows a legal challenge initiated by the gender-critical campaign group Sex Matters, which argued that the previous CPS guidance was legally flawed. The group contended that the guidance improperly conflated biological sex and gender identity concerning a person’s capacity to consent to sexual activity. Although the High Court ultimately dismissed the claim, the challenge prompted the CPS to review and amend its approach, particularly regarding cases involving “deception as to sex.”

The issue gained public attention after a 2024 case in Wiltshire, where a trans woman identified as Lexi Secker was sentenced for raping a woman. At the time of the offence in 2023, Secker had been living as a man named Alex. However, during the sentencing hearing, legal representatives and the presiding judge consistently referred to the defendant using female pronouns and titles such as “she” and “Ms Secker.” This raised questions about how transgender defendants should be addressed in court, especially when the alleged crime involved sexual violence against women.

The updated CPS guidance now permits prosecutors to refer to trans women accused of sexual offences as men if it is deemed suitable in the circumstances, reflecting a distinction between biological sex and gender identity in legal proceedings. This adjustment aims to balance sensitivity to transgender identities with procedural clarity in cases where sex-based factors are relevant to the offence.

The CPS has not specified detailed criteria for when the revised guidance should be applied, leaving it to the discretion of individual barristers based on the specifics of each case. The agency’s amendment signals an ongoing effort to navigate the complex intersection of transgender rights, legal definitions of sex, and the administration of justice in sensitive sexual offence cases.