UPDATE: UK withdraws prosecution for "withholding money for transitioning"
After "feedback from stakeholder" the Crown Prosecution Service has updated its domestic abuse guidance for prosecutors. In the updated version the section on “Transgender and non-binary identifying victims” no longer states that withholding “money for transitioning” may be considered abuse. Furthermore, refusing to use one's children's preferred name or pronoun can only be considered as part of a wider offence of coercive behaviour if there is intent to cause humiliation or distress. For an offence the children must be at least 16 years or older.
In July 2023, the Crown Prosecution Service (CPS) in England and Wales published a new Trans Equality Statement that defined forms of abuse towards trans victims, including "withholding money for transitioning", "refusing to use their preferred name or pronoun" or "Body shaming or criticising the victim for not being 'a real man/woman' if they have not undergone reassignment surgery." It also stated that these actions can be considered as domestic abuse by family members and partners. Therefore, the CPS guidance makes parents vulnerable to prosecution, if they do not agree with transgender children.
Jeremiah Igunnubole, former prosecutor, and legal counsel for ADF UK, commented this guidance with the following statement:
“The revised CPS guidance puts the police force in the intensely difficult and inappropriate position of making politicised judgements against parents. Parents who 'withhold money for transition' or 'refuse to use preferred pronouns' for their children are now open to prosecution for abuse.
This guidance will only serve to confuse prosecutors and the public. The guidance fails to acknowledge the fact that there is no legal obligation for anyone to use the 'preferred pronouns' of any other person. Furthermore, the fact that parents have the primary responsibility for the development and upbringing of their children is protected in international law.
This is the latest misstep in a trend towards guidance which fails to give adequate weight to fundamental freedoms of speech, of conscience, of religion and more.“
Source, July 2023: ADF UK, DailyMail, Medium, Fox News
Sources Update, May 2024: Christian Institute, The Telegraph, Daily Mail