And it does rather need to be binary: simply because we’ve only got male and female prisons.
A transgender woman has been remanded to a male prison after being found guilty of raping a teenage girl when she was a man.
A jury convicted Davina Ayrton, who changed her name from David three years ago, of the sexual attack on a 15-year-old girl in the autumn of 2004 following a week-long trial at Portsmouth Crown Court.
Following conviction, Judge Ian Pearson remanded Ayrton into custody for her own safety and said it was likely she would be held at the male prison in Winchester, Hampshire, until sentencing on March 4.
So why that decision?
Ayrton told the court in her evidence that she had not undergone any physical modifications or taken any medication as part of her gender swap.
Fully functional male junk? Male then.
Sure, let’s agree that the distinction isn’t, in all its glories, entirely binary. But when the decision has to be narrowed down to one of two choices, what should it be?
Oh, Hi! Bruce, good to see you.