Rape Crisis Centres – by women and for women?
The following report is also available to view/download as a PDF.
The rape crisis support network is in crisis. Barely two weeks after Edinburgh Rape Crisis Centre (ERCC) apologised for letting down survivors, the umbrella organisation Rape Crisis Scotland (RCS) gave a statement to the Sunday Mail that some of the very same survivors were not to believed. This, of course, was over the provision of same-sex trauma counselling, about which the Chief Executive of RCS, Sandy Brindley, professed to being appalled to learn there was a 16 month period, between October 2022 and February 2024, when it had not been provided by ERCC. The group of survivors say otherwise, and explain that Ms Brindley had been informed at a meeting in 2019 that ERCC’s trans inclusion policy had resulted in women self-excluding over a number of years because they could not be sure of a female-only service. Brindley insists “one thing that has remained core is protecting spaces for women. It has never changed and it never should” and says that all rape crisis centre managers across Scotland gave absolute assurance on this at a meeting last October.
Women could be forgiven for breathing a sigh of relief at this point, thinking the issue was well on the way to being resolved, had it not been for Ms Brindley’s insistence to The Times just two days later that “transwomen are women”.
It is clear that RCS believe women-only services should include any man who self-identifies as a woman and that, even during the period before October 2022 when Mridul Wadhwa was counselling female rape survivors, both RCS and ERCC considered their women-only remit to be fulfilled. Many women strongly disagree and, given the rulings in our recent judicial reviews, we consider such an interpretation of the single-sex provisions in the Equality Act to be wilfully unlawful. But how long has it been going on and how widespread is this policy amongst the 17 independent rape crisis centres in the network?
We take a look at each organisation to assess what service is currently provided for women – this marks a line in the sand after which we hope the recommendations of the independent reviews by Vicky Ling and that commissioned by the Scottish Government are implemented and will lead to improvement.
Rape Crisis Scotland
Service at incorporation: 2003, “to relieve the emotional distress of women and girls who have been raped”
Latest constitution: 2013, “to relieve the emotional distress of individuals who have been raped”
Information on website: Supporting LGBTI Survivors of Sexual Violence (2014) which states: “There are rape crisis centres across Scotland. They are all different but meet agreed RCS national standards. Some support survivors of all genders. Others support women only. This includes those who self-identify as women, regardless of gender reassignment or intersex status” and “All helpline workers are women”. It is possible then, that callers to the national helpline run by RCS may hear a male voice.
LGBT Youth Scotland charter: 2015 silver award
From around 2013, RCS was working closely with trans organisations and quickly introduced a series of significant changes: it started work on attaining a charter award for trans inclusion from LGBT Youth Scotland, recommended rape crisis centres invite James Morton of Scottish Trans Alliance to deliver training to staff, and produced a series of policies and pamphlets to promote trans inclusion. Critically, RCS changed the entire ethos of the organisation from providing a female only service to one that provided support for all individuals. From that point on, RCS wholeheartedly adopted the policy position not only for themselves, but for all network centres, that “women” includes all those men who self-identify as women. As a visible demonstration of this ethos, Sandy Brindley hired Mridul Wadhwa, a “publicly out transwoman“, as the Training and Volunteer Co-ordinator at RCS in 2014.
Edinburgh Rape Crisis Centre
Service at incorporation: 2005, “to relieve the distress of women and girls aged over 12 years who have been raped”
Latest constitution: 2014, “to relieve the distress of women, men, boys and girls aged over 12 years who have been raped” (although this change wasn’t implemented until 2023)
This was followed in 2015 with a change of name to remove the word “women” (previously Edinburgh Women’s Rape & Sexual Abuse Centre)
Information on website: Following the Ling report recommendation for clarity on the definition of “woman”, ERCC published a new web page for women-only services. This includes the following word salad which peters out half way through a sentence and seems to think there are ways in which a woman can live that make her not actually a woman – and then duly exclude her from a service she is entitled to access. Additionally, since many transwomen believe they have always been women and the doctor just made a mistake about their sex when they were born, it’s not clear this definition actually excludes all men. None of this provides clarity and, importantly, contravenes the judgment in FWS v Scottish Ministers [2022] CS!H 4 which ruled that a “living as a woman” definition was unlawful.
Nine whole hours per week for women-only one to one support are available and this comes with a small print warning that ERCC are a diverse group of women and are trans inclusive, so it still seems that a female counsellor may be male.
The centre has not advertised any jobs recently so it is unknown how the updated EHRC guidance on the use of the Equality Act Schedule 9 exception for women-only positions will be implemented.
LGBT Youth Scotland charter award: 2020 gold award
Eleven out of the seventeen autonomous rape crisis centres have followed RCS’s lead in signing up for LGBT Youth Scotland’s charter scheme and be graded with a gold, silver or bronze award for their LGBTQ+ inclusion. This costs a centre approximately £2,000 every three years and involves renewing training, policies and practice to comply with LGBT Youth Scotland’s views that a person’s “gender identity” should be prioritised over their sex.
The standards expected by LGBT Youth Scotland can be seen in their publication Stronger Together: Guidance for women’s services on the inclusion of transgender women. This guidance is a masterclass in misrepresenting the law, undermining safeguarding and a complete failure in trauma informed care for women. It wrongly states that the Equality Act 2010 requires a women-only service to be inclusive of men who self-identify as women, both as employees and service users. Should any woman be uncomfortable with this, it is her who should be removed and reeducated in the same way as a racist or a homophobe would be.
None of this reflects the National Service Standards requirements to be women-focused and trauma informed, and all centres with a LGBT charter award are at high risk of failing to meet the needs of female survivors who, overwhelming, remain the group most in need of the service.
Rape Crisis Grampian
Service at incorporation: 2006, “to provide confidential support, information and counselling to women who have been raped”
Latest constitution: 2014, “to relieve the emotional distress of individuals who have been raped”
Information on website: Provides support to “anyone over 11 years old”. Women-only spaces are available two mornings a week and are inclusive of transwomen. It’s not specified whether all staff are women.
They are currently looking for volunteer support workers but are not using the Schedule 9 exception in the Equality Act to ensure applicants are female.
LGBT Youth Scotland charter award: 2020 bronze award
Scottish Borders Rape Crisis Centre
Service at incorporation: 2010, “To relieve the distress of women and girls over 12 years…who have experienced sexual violence”
Latest constitution: 2018, “To relieve the distress of self-identifying women over the age of 18 and survivors of all genders between the age of 12 and 18…who have experienced sexual violence”
Information on website: The Sunrise service for individual support is “inclusive to self-identifying females aged 18+”. The Butterfly Project is group work for “self-identifying female survivors aged 18+”. It’s unclear what the following reply to a FAQ means – it may mean the counsellor in a one to one session is a woman (not the self-identifying kind), or it could be saying that if a male service user and the counsellor both self-identify as female, it is still a women-only space.
The Unity service for 12-18 year olds doesn’t even pretend to be for females, it’s open to “any gender identity/expression” – so is a mixed-sex space, bringing together 12 year old girl survivors and 18 year old men.
The centre has not advertised any jobs recently so it is unknown how the updated EHRC guidance on the use of the Equality Act Schedule 9 exception for women-only positions will be implemented.
LGBT Youth Scotland charter award: 2017 silver award, working towards gold award
Argyll and Bute Rape Crisis Centre
Service at incorporation: 2010, “To relieve those who are in need…by reason of their having experienced rape”
Latest constitution: 2024, “”To relieve those who are in need…by reason of their having experienced rape”
Information on website: Provides support to “all survivors (aged 12+)”. No information on whether counsellors are female, or even if this can be requested and no indication of any protected women-only times or spaces. There is a web page for LGBTI survivors which promises to be “as inclusive as we can be“.
The centre has not advertised any vacancies since the EHRC updated their guidance on employing female-only staff, but a recent advert for board members did not mention any requirement to be women.
LGBT Youth Scotland charter award: 2018 bronze award
Fife Rape and Sexual Assault Centre
Service at incorporation: 2007, “To offer complete and accessible support to anyone affected by sexual trauma”
Latest constitution: 2023, “provide confidential, free counselling and/or support to anyone affected by sexual trauma”
Information on website: Provides support to “anyone 12+”. One to one therapeutic support gives no information on whether the counsellor will be female, or if this is an option available on request. There is no indication of protected women-only times. The information page for group support is blank so it’s unclear if group work is offered and, if so, if there is any alternative to mixed-sex groups.
The most recent job advert correctly used the single-sex occupational requirement provision by stating: “Only women need apply under Schedule 9, Part 1 of the Equality Act 2010”.
LGBT Youth Scotland charter award: None
The Star Centre Rape Crisis Ayrshire
Service at incorporation: Unknown (not on Companies House)
Latest constitution: 2024, “To provide free and confidential counselling, support and other therapeutic interventions to female survivors of sexual violence aged 13 and onwards”
Information on website: Contrary to its constitution, the centre’s website states it offers “free and confidential support to anyone aged 13+ (women, girls, men, boys and those who identify as transgender or non-binary)”. There is no information on whether support is provided by a female counsellor, or if this is an option available on request.
Information about women-only times (Mondays and Thursday mornings) is hidden in the centre’s Inclusiveness Statement and includes those who self-identify as women.
The centre has not advertised any jobs recently so it is unknown how the updated EHRC guidance on the use of the Equality Act Schedule 9 exception for women-only positions will be implemented.
LGBT Youth Scotland charter award: 2022 silver award
Dumfries and Galloway Rape Crisis and Sexual Abuse Centre
Service at incorporation: 2011, “To provide emotional and practical support to women and children who have been raped”
Latest constitution: 2016, “To provide emotional and practical support to women and children who have been raped”
Information on website: Contrary to its constitution, the centre’s website states it provides support to “anyone over the age of 12″ and the FAQ clarifies it supports men. Support workers are an “all women team” but if they are abiding by that in the same way as they are their constitution, it’s hard to tell what they mean. There is no indication of any times or spaces reserved only for women service users.
The centre has not advertised any jobs recently so it is unknown how the updated EHRC guidance on the use of the Equality Act Schedule 9 exception for women-only positions will be implemented.
LGBT Youth Scotland charter award: None
Women’s Rape and Sexual Abuse Centre Dundee and Angus
Service at incorporation: 2002, “To promote the relief of distress of women and girls who have experienced rape”
Latest constitution: 2015, “To promote the relief of distress of women, children and young people, (including boys and young men up to the age of 18) who have experienced rape”
Information on website: Provides support for “self-identifying women” which includes transwomen. Group support is therefore potentially mixed-sex. It’s not specified whether counsellors may also be self-identifying women.
The centre is currently advertising for board members and correctly states “All posts require a female applicant and is exempt under Schedule 9, Part 1 of the Equality Act 2010, Schedule 9” (although there’s no reason to also cite the repealed Sex Discrimination Act 1975). Volunteer opportunities are also available, including for counselling and group work, but Schedule 9 exceptions have not been mentioned.
LGBT Youth Scotland charter award: 2022 working towards silver award
Glasgow and Clyde Rape Crisis Centre
Service at incorporation: 1990, “To provide support, advice and counselling to persons who have suffered rape”
Latest constitution: 1991, “To relieve the emotional distress of women who have suffered rape”
Information on website: A statement published earlier this year provides reassurance that the centre provides support only for women and girls, prioritising the provision and safeguarding of single-sex service spaces, and is provided by women and for women.
A longer position statement confirms support is provided by women workers only, as permitted by Schedule 9 (Part 1) of the Equality Act, and this is borne out in their current job adverts.
LGBT Youth Scotland charter award: None
Update 24 October 2024:
Glasgow and Clyde announced it has left the Rape Crisis network stating that the “single-sex services delivered by an all-female workforce” it provides are “at odds with RCS”.
Lanarkshire Rape Crisis Centre
Service at incorporation: 2006, “to promote the welfare and relieve the distress of women and girls who have experienced rape”
Latest constitution: As above. No changes have been made to the original document.
Information on website: Provides support services to women and girls, and a more limited individual crisis support and advocacy service for men and boys. It’s not specified whether all staff are women.
A web page on inclusive services for LGBTI+ survivors says “We provide tailored services based on individual need and we will work with you to offer the type and level of support that you need” but gives no clarification on whether women survivors are likely to encounter men who identify as women when visiting the centre. There is no mention of group work.
The centre has not advertised any jobs recently so it is unknown how the updated EHRC guidance on the use of the Equality Act Schedule 9 exception for women-only positions will be implemented.
LGBT Youth Scotland charter award: None
Rape and Sexual Abuse Centre Perth and Kinross
Service at incorporation: 2010, “To relieve the distress of women and girls aged 13 to 15 who have been raped”
Latest constitution: As above. No changes have been made to the original document.
Information on website: Despite the FAQ section specifying it’s a women’s centre, it now supports anyone who identifies as a woman. There are women-only protected times but details are not given and may include men who identify as women.
When looking for volunteers the centre correctly specifies that they require female applicants for most of the opportunities and are exempt under Schedule 9, Part 1 of the Equality Act 2010. The two jobs advertised on Rape Crisis Scotland’s website also cite Schedule 9 correctly. However, the current advert for board members welcomes applications from “LGBT women“, which does not comply with the guidance issued by the EHRC.
LGBT Youth Scotland charter award: 2023 silver award
Western Isles Rape Crisis Centre
Service at incorporation: 2006, “to promote the welfare and relieve the distress of women and girls who have experienced rape”
Latest constitution: As above. No changes have been made to the original document.
Information on website: Contrary to its constitution, the centre’s website states it provides support to “anyone, of any gender, over the age of 13″. There is no information to say that counsellors are female. Women’s support groups are available and it’s possible this can be taken at face-value since there is no LGBT or transwomen inclusion information on the website.
No recent job adverts are available so it is unknown how the updated EHRC guidance on the use of the Equality Act Schedule 9 exception for women-only positions will be implemented.
LGBT Youth Scotland charter award: None
Forth Valley Rape Crisis Centre
Service at incorporation: Unknown (not on Companies House)
Latest constitution: 2024, “to provide a practical support service for survivors of rape”
Information on website: Provides support for “people of all genders (aged 13 and over)” but states “We offer women only space to survivors who feel uncomfortable around men, and we will ask you about this at your initial appointment”. No information on whether counsellors are women. The centre is committed to offering men who identify as women a safe space, but whether that involves women’s spaces is unknown.
No recent job adverts are available so it is unknown how the updated EHRC guidance on the use of the Equality Act Schedule 9 exception for women-only positions will be implemented.
LGBT Youth Scotland charter award: working towards an award (web page now removed)
Rape and Sexual Abuse Service Highland
Service at incorporation: Unknown (not on Companies House)
Latest constitution: 2024, “to provide a practical support service for survivors of rape”
Information on website: Provides support for anyone age 13+. Offers group work to survivors, no mention of women-only availability or what it means to be “truly inclusive” of LGBTQ+. Unknown whether all staff are female.
The last advertised job stated: “only women need apply under Schedule 9, Part 1 of the Equality Act 2010. RASASH also welcomes applications from LGBTQ+ women“. This, however, pre-dates the guidance from the EHRC on correct use of Schedule 9 so future adverts may be different.
LGBT Youth Scotland charter award: Silver award (logo at bottom of web site)
Moray Rape Crisis
Service at incorporation: Unknown (not on Companies House)
Latest constitution: 2024, “To provide a practical support and advocacy service for survivors of rape”
Information on website: Provides support for “anyone (age 11 and over)”. A manager and thirteen part-time staff are employed at the centre but no information is given on whether this is a women-only team. Group work is available but there is no mention of women-only provision so it appears to be mixed-sex only.
Despite the sparsity of information for women there is a dedicated web page for LGBTI survivors and buried in the Strategic Plan is the premise of the LGBT charter award to ensure they “embed LGBT inclusion across our governance, operations and service delivery”.
The centre recently advertised on Goodmoves for a Support and Advocacy Worker which correctly made use of the Schedule 9 exception in the Equality Act to ensure a woman was employed. However, the centre’s own website states they “especially welcome applications from women of colour and LGBTI women” which is incorrect since transwomen are male and not eligible for women-only positions. This is also replicated in the current application pack for Trustees.
LGBT Youth Scotland charter award: Gold award
Orkney Rape and Sexual Assault Service
Service at incorporation: Unknown (not on Companies House)
Latest constitution: 2024, “to provide a practical & emotional support service for survivors of rape”
Information on website: The centre provides support for “anyone (age 13 and over)” and is “staffed by fully-trained paid and unpaid women workers“. No indication of women-only times but counsellors will travel to a safe location of the survivor’s choice. There is no LGBT specific information online but the premises are not particularly welcoming to any woman who holds gender critical views.
No recent job adverts are available so it is unknown how the updated EHRC guidance on the use of the Equality Act Schedule 9 exception for women-only positions will be implemented.
LGBT Youth Scotland charter award: None
The Compass Centre Shetland
Service at incorporation: Unknown (not on Companies House)
Latest constitution: 2024, “To relive the distress and promote the welfare of anyone affected by any form of sexual violence”
Information on website: Provides support to “anyone, of any gender (age 13+)”. It’s a small centre, doesn’t offer group work and has “just two onsite appointment spaces, so we take care to manage bookings in a way that is designed to minimise the chance of you ever crossing paths with another service-user, and we offer the choice of two discreet entrances to our property”. They also offer the choice of women-only appointment times.
The centre says they are a trans inclusive organisation, “meaning that when we talk about women and girls, we include trans women and women who also identify as non binary”, although this ideological position is tempered with “You do not have to share our beliefs to access help here, and we take a non-judgemental approach that focuses on your needs”. There is a chance a woman will encounter a male when attending at a women-only time.
The centre has an all-women staff and leadership team, with posts reserved for those who meet the legal definition of women under Schedule 9, Part 1 of the Equality Act 2010. It appears that, despite believing “women” includes men who identify as women, they may at least recognise this differs from the “legal definition of women”. However, a current advert for trustees says “We particularly welcome applications from BME women, LGBT women” which restates their ideological position and does not comply with the guidance issued by the EHRC.
LGBT Youth Scotland charter award: 2022 silver award
To summarise
Charity Beneficiaries:
Rape Crisis Scotland and 3 rape crisis centres: Edinburgh, Grampian and Scottish Borders amended their constitution in recent years and expanded service provision from women-only to anyone:
- Grampian and Scottish Borders include men who identify as women in their women-only provision.
- Edinburgh’s attempt to provide clarity about their women-only provision is still a confused muddle which appears to allow some men access to women’s spaces.
- All have a LGBT charter award.
2 centres: Argyll & Bute and Fife started in their current incorporated form as providing support for anyone, and have continued doing so. Neither provide sufficient information to determine if women-only spaces or times are provided.
7 centres: Ayrshire, Dumfries & Galloway, Dundee & Angus, Glasgow & Clyde (with a slight blip at start up), Lanarkshire, Perth & Kinross, and the Western Isles have retained their original constitution to provide support for women (and children) only:
- 3 of these centres: Ayrshire, Dumfries & Galloway and the Western Isles are currently acting outwith their charitable objects by extending their provision to include men.
- Lanarkshire also provides support to men but this is limited to individual crisis support.
- A further 2: Dundee & Angus and Perth & Kinross, are still nominally women-only but state that men who identify as women are included.
- Only one centre, Glasgow and Clyde, supports women (and girls) and uses the single-sex exceptions in the Equality Act to exclude all biological males.
5 centres: Forth Valley, Highland, Moray, Orkney, and Shetland are Scottish Charitable Incorporated Organisations which means the Office of the Scottish Charity Regulator holds their information rather than Companies House. All these centres provide support to both male and female survivors, but due to the lack of historical records on OSCR it is unknown whether any have changed their constitution in recent years. Orkney and Shetland don’t offer group work and the other 3 centres do not provide sufficient information to determine their policies.
Women-Only Spaces and Times:
12 rape crisis centres clearly state on their website that women-only spaces and times are available: Edinburgh, Grampian, Scottish Borders, Ayrshire, Dundee & Angus, Glasgow & Clyde, Perth & Kinross, Western Isles, Forth Valley, Highland, Moray, and Shetland:
- 7 of these centres are clear that they include men who identify as women in the women-only spaces and times: Grampian, Scottish Borders, Ayrshire, Dundee & Angus, Perth & Kinross and Shetland. Edinburgh is also included in this category as it is yet to move from its ideological position. All have a LGBT charter award.
- Only Glasgow & Clyde is clear that all biological males are excluded.
- 4 centres: Western Isles, Forth Valley, Highland, and Moray do not give enough information about their women-only spaces and times to determine if it includes men who identify as women.
5 centres: Argyll & Bute, Fife, Dumfries & Galloway, Lanarkshire and Orkney have no clear information on their website that women-only spaces and times are provided.
LGBT Charter:
Rape Crisis Scotland and 11 out of the 17 rape crisis centres have a LGBT charter award: Edinburgh, Grampian, Scottish Borders, Argyll & Bute, Ayrshire, Dundee & Angus, Perth & Kinross, Forth Valley, Highland, Moray and Shetland. If the tenets of this charter are followed it is impossible to provide a women focused service, or adhere to legislation on single-sex services.
Sandy Brindley’s statement that “one thing that has remained core is protecting spaces for women. It has never changed and it never should” rings rather hollow now. From a time when all rape crisis centres were women’s centres, only one now assuredly supports women, and only women. At best, nine others might have women-only spaces or times and these may, or may not, include men who identify as women. While it is understandable some centres feel that being vague about their service gives some protection against angry transactivists, it does place barriers in the way of women accessing much needed support. Without this basic information many women don’t feel confident that a female only space and counsellor will be guaranteed, and will often decide to self-exclude from the service altogether.
All rape crisis centres in the network agreed to work to the service standards which are in place across Scotland, England and Wales. Survivors’ needs and choices are at the core of these standards and includes the following commitments.
The organisation has as its primary or major purpose to deliver services to women and girls who have experienced any form of sexual violence at any time in their lives.
The organisation provides and protects dedicated spaces and times for women and girls to access services.
Standard 0: Specialist Service Provision, National Service Standards, 2024
The declaration by Rape Crisis Scotland in 2014 that ‘women-only includes those who self-identify as women’ applies in all rape crisis centres across Scotland has wrecked havoc. Many centres clearly do not hold this ideological belief and over time disparities and obfuscation in standard provision have developed. Perhaps this is why the independent review of Edinburgh Rape Crisis Centre recommended that RCS must facilitate a shared definition of woman to be adopted across the network, and it must be publicised.
This is an interesting exercise and one that completely exposes the fundamental problem. Ms Brindley said that work started last October on this definition, and it is still ongoing, a full year later. That a rape crisis organisation is unable to define the sex of those who are subjected to 94% of rape or attempted rapes in Scotland is quite extraordinary.
It is also an unnecessary exercise. RCS is subject to the same laws of the land as everyone else and the Equality Act 2010 already gives a definition of “woman” as meaning “a female of any age”. This is a wide ranging Act which forms the backbone of service provision – it allows charities such as rape crisis centres to operate solely for the benefit of those who hold the protected characteristic of “woman” and to advertise for female staff and volunteers as an occupational requirement. It requires policies and practices that do not discriminate or harass women on the basis of their sex. Importantly, it is only by using the separate and single-sex exceptions in the Act that rape crisis centres are able to meet the national standards and provide dedicated spaces for women and girls. It is therefore incumbent on RCS and the network centres to hold the same definition of woman as given in the Equality Act. To do otherwise risks falling foul of the law, which the Scottish Government found out to its cost in a recent judicial review.
For Women Scotland has brought two separate judicial reviews over the last four years regarding the definition of “woman”, winning the first and an appeal on the other is due to be heard in the UK Supreme Court very shortly. To date, the Court of Session has made two important decisions:
In light of the Equality Act definition of woman as meaning a female of any age, an exception in the Act allowing provisions in favour of women, by definition exclude those who are biologically male.
Incorporating those transsexuals living as women into the definition of woman the conflates and confuses the two separate and distinct protected characteristics of sex and gender reassignment.
For Women Scotland v Scottish Ministers [2022] CSIH 4 (§36 and §39)
Individuals without a gender recognition certificate, whether they have the protected characteristic of gender reassignment or not, retain the sex in which they were born and have no right to access services provided for members of the opposite sex.
For Women Scotland v Scottish Ministers [2023] CSIH 37 (§56 and §65)
Neither of these decisions were appealed against and duly became final and settled law. It is only the second part in the latest court ruling above which is under consideration by the UK Supreme Court, namely that a person with a gender recognition certificate in the female gender comes within the definition of “woman” for the purposes of the Equality Act.
Sandy Brindley stated a formal assessment process will start in November 2024 for all rape crisis centres in Scotland against the National Service Standards. Since one of the core standards is for organisations to keep up to date with changes regarding legislation it is hoped that the decisions of the court, as well as updated EHRC guidance on single-sex services and female-only jobs, will be incorporated into every rape crisis centre’s policies and training. Women’s rape crisis centres have long provided much needed and valued support and a return to by women and for women would be very welcome.