Isla Bryson
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Isla Annie Bryson from
Clydebank Clydebank () is a town in West Dunbartonshire, Scotland. Situated on the north bank of the River Clyde, it borders the village of Old Kilpatrick (with Bowling, West Dunbartonshire, Bowling and Milton, West Dunbartonshire, Milton beyond) to the w ...
,
Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
is a
transgender woman A trans woman or transgender woman is a woman who was assigned male at birth. Trans women have a female gender identity and may experience gender dysphoria (distress brought upon by the discrepancy between a person's gender identity and their ...
who, prior to transitioning, raped two women in 2016 and 2019, being convicted of those offences in 2023. Bryson was charged, and first appeared in court in 2019, under the name Adam Graham. Shortly thereafter, in 2020, Bryson came out as trans and took the name Isla Bryson. As a trans woman, Bryson was
remanded Remand may refer to: * Remand (court procedure), when an appellate court sends a case back to the trial court or lower appellate court * Pre-trial detention, detention of a suspect prior to a trial, conviction, or sentencing See also *'' Remando ...
to a
women's prison Approximately 741,000 women are incarcerated in correctional facilities, a 17% increase since 2010 and the female prison population has been increasing across all continents.Scottish Parliament The Scottish Parliament ( ; ) is the Devolution in the United Kingdom, devolved, unicameral legislature of Scotland. It is located in the Holyrood, Edinburgh, Holyrood area of Edinburgh, and is frequently referred to by the metonym 'Holyrood'. ...
's passage of the
Gender Recognition Reform (Scotland) Bill The Gender Recognition Reform (Scotland) Bill is a bill passed by the Scottish Parliament. The bill seeks to amend the Gender Recognition Act 2004 of the Parliament of the United Kingdom, making it simpler for people to change their legal gen ...
despite it having been blocked by the UK Government (using section 35 of the
Scotland Act 1998 The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was o ...
). During the controversy, the
Scottish Prison Service The Scottish Prison Service (SPS) () is an executive agency of the Scottish Government tasked with managing prisons and Young Offender Institutions. The Chief Executive of the Scottish Prison Service, currently Teresa Medhurst, is responsible ...
announced an "urgent review" into the location of transgender inmates, and announced that trans people would be initially imprisoned according to their sex rather than gender identity until assessment could determine which was ultimately more appropriate for the individual.


Background

Bryson was born in 1991,
assigned male at birth Sex assignment (also known as gender assignment) is the discernment of an infant's sex, typically made at birth based on an examination of the baby's external genitalia by a healthcare provider such as a midwife, nurse, or physician. In the v ...
, and named Adam Binnie Bryson. Bryson married a woman with the surname Graham in July 2016. Bryson then raped two women: one in September 2016 and one in June 2019. One victim testified having met Bryson on the dating website,
Badoo Badoo is an online dating-focused and social networking application. Founded by Andrey Andreev in 2006, Badoo originally launched as a web product. It has headquarters in London. In 2012, the app was launched in the United States and later beca ...
, with Bryson using the name Adam Graham, and the other woman testified communicating with Bryson via Bigo, with Bryson using the name DJ Blade. Bryson appeared in court in July 2019 under the name Adam Graham, and was charged that year. In 2020, Bryson came out as a
trans woman A trans woman or transgender woman is a woman who was assigned male at birth. Trans women have a female gender identity and may experience gender dysphoria (distress brought upon by the discrepancy between a person's gender identity and their ...
, and assumed the name Isla Annie Bryson in court that year. In May 2021, Bryson's birth certificate was amended to name her Annie Bryson, but her legal gender remained male. In the 2023 trial, Bryson testified that she knew she was trans since the age of four, however Bryson's mother said Bryson never expressed this growing up, and Bryson's estranged wife said Bryson made no indication of this during their relationship. The wife further accused Bryson of stabbing her and trying to rape her, and said she had been trying to end their marriage for seven years, but was unable to locate Bryson. As of February 2023, Bryson is undergoing
feminizing hormone therapy Feminizing hormone therapy, also known as transfeminine hormone therapy, is a form of Transgender_health_care#Gender-affirming_care , gender-affirming care and a gender-affirming hormone therapy , gender-affirming hormone therapy to change t ...
.


Enrolment at Ayrshire College

In 2021, while awaiting trial, Bryson studied
cosmetology Cosmetology (from Greek , ''kosmētikos'', "beautifying"; and , ''-logia'') is the study and application of beauty treatment. Branches of specialty include hairstyling, skin care, cosmetics, manicures/ pedicures, non-permanent hair removal suc ...
at
Ayrshire College Ayrshire College is a further education institution in Scotland. Formed in August 2013 from a merger between Ayr College, Kilmarnock College and the Largs and Kilwinning campuses of James Watt College, it serves Ayrshire and surrounding areas, ...
's
Kilwinning Kilwinning (, ; ) is a town in North Ayrshire, Scotland. It is located on the banks of the River Garnock in Ayrshire, west/central Scotland, about southwest of Glasgow. Kilwinning's neighbours are the coastal towns of Stevenston to the west an ...
campus for three months, where she went by her middle name, Annie. Most of her coursemates were younger women. Upon learning of her later rape conviction, three of her coursemates reported feeling shocked and violated, especially as she had practised applying
spray tan Sunless tanning refers to the effect of a suntan without exposure to the Sun. Sunless tanning involves the use of oral agents (carotenids), or creams, lotions or sprays applied to the skin. Skin-applied products may be skin-reactive agents or ...
on them as part of a one-day course, during which they had worn little clothing. The College said that it had no knowledge of the charges against her at the time. Susan Smith of the
gender-critical Gender-critical feminism, also known as trans-exclusionary radical feminism or TERFism, is an ideology or movement that opposes what it refers to as "gender ideology". Gender-critical feminists believe that sex is biological, immutable, and ...
campaign group
For Women Scotland For Women Scotland (FWS) is a Scottish campaign group that opposes proposed reforms allowing individuals to change their recorded sex in legal documents by means of self-declaration. For Women Scotland says that proposed changes to the Gende ...
expressed concern that classmates were unaware of the charges against Bryson because she went by a different name than the one was originally charged under. Lawyer Thomas Ross said that, as the law stands, someone accused of a crime is not obliged to disclose that information. He called the situation a
catch-22 ''Catch-22'' is a satirical war novel by American author Joseph Heller. It was his debut novel. He began writing it in 1953; the novel was first published in 1961. Often cited as one of the most significant novels of the twentieth century, it ...
for an institution which would have to choose between putting other students at risk by allowing that person to attend, or excluding someone who is presumed to be innocent.


Trial

Bryson's trial was held in January 2023 at the
High Court of Justiciary The High Court of Justiciary () is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff C ...
in Glasgow, and lasted six days. The case was prosecuted by
Advocate depute The Crown Office and Procurator Fiscal Service () is the independent public prosecutor, prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by Charles III of the United Kingd ...
John Keenan, defended by Edward Targowski, and judged by Lord Scott. The prosecution described how she had "preyed on two vulnerable female partners" after meeting them online. Bryson denied raping the two women, arguing the sex had been consensual, and claimed to be "in no way a predatory male". The defence argued that she was also vulnerable due being transgender. She was convicted of the rapes on 24 January 2023, making her the first known trans woman to be convicted of rape in Scotland. Lord Scott warned her that a "significant custodial sentence" was inevitable. Following her conviction,
Police Scotland Police Scotland (), officially the Police Service of Scotland (), is the national police force of Scotland. It was formed in 2013, through the merging of eight regional police forces in Scotland, as well as the specialist services of the Scottis ...
declared that Bryson had been arrested and charged as a man, and that her crimes would therefore be recorded as having been committed by a man. On 28 February 2023, Bryson was sentenced to eight years in prison, with a further three years of supervision upon release. She was also placed on the
Sex Offenders Register A sex offender registry is a system in various countries designed to allow government authorities to keep track of the activities of sex offenders, including those who have completed their criminal sentences. Sex offender registration is usual ...
for life. The court heard reports of Bryson having neurodevelopmental problems. In his summary, Lord Scott said Bryson continued to deny the crimes and had claimed, without evidence, that the victims had colluded:


Remand to women's prison

From 2014, the
Scottish Prison Service The Scottish Prison Service (SPS) () is an executive agency of the Scottish Government tasked with managing prisons and Young Offender Institutions. The Chief Executive of the Scottish Prison Service, currently Teresa Medhurst, is responsible ...
(SPS) held a policy that—while allowing for case-by-case consideration and ongoing risk assessments—advised that transgender people should generally be allocated to prisons matching "the new gender in which they are living". While the warrant issued by the Scottish Courts and Tribunal Service (SCTS) called for Bryson to be taken to
HM Prison Barlinnie HM Prison Barlinnie is the largest prison in Scotland. It is operated by the Scottish Prison Service and is located in the residential suburb of Riddrie, in the northeast of Glasgow, Scotland. It is informally known locally as The Big Hoose, ...
, a men's prison in Glasgow, the SPS was not bound by it and detained her at
HM Prison Cornton Vale HMP & YOI Cornton Vale was a women's prison and young offenders institution in Stirling, Scotland operated by the Scottish Prison Service. The facility comprised a total of 217 cells in its 5 houses. It accepted solely convicted women and girls ...
in
Stirling Stirling (; ; ) is a City status in the United Kingdom, city in Central Belt, central Scotland, northeast of Glasgow and north-west of Edinburgh. The market town#Scotland, market town, surrounded by rich farmland, grew up connecting the roya ...
, Scotland's sole women-only prison, where she was segregated from other prisoners. In October 2022, a Freedom of Information request obtained by ''
The Times ''The Times'' is a British Newspaper#Daily, daily Newspaper#National, national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its modern name on 1 January 1788. ''The Times'' and its si ...
'' found that there were 19 transgender prisoners in Scotland, 12 of whom began transitioning while in prison.


Reactions

Bryson's imprisonment at Cornton Vale sparked debate and concerns about the safety of the other prisoners. Sandy Brindley, the chief executive of Rape Crisis Scotland, said "It cannot be right for a rapist to be in a women's prison", while concerns were also expressed by
10 Downing Street 10 Downing Street in London is the official residence and office of the Prime Minister of the United Kingdom, prime minister of the United Kingdom. Colloquially known as Number 10, the building is located in Downing Street, off Whitehall in th ...
, where a spokesman for
Prime Minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
Rishi Sunak Rishi Sunak (born 12 May 1980) is a British politician who served as Prime Minister of the United Kingdom and Leader of the Conservative Party (UK), Leader of the Conservative Party from 2022 to 2024. Following his defeat to Keir Starmer's La ...
compared the case with the situation in
England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
, where "transgender women must go through a robust risk assessment that factors in their offending history and anatomy before they can be moved to a women's prison".
Dominic Raab Dominic Rennie Raab ( ; born 25 February 1974) is a British former politician who served as Deputy Prime Minister of the United Kingdom, Justice Secretary and Lord Chancellor from September 2021 to September 2022 and again from October 2022 to ...
, the
Secretary of State for Justice The secretary of state for justice is a secretary of state in the Government of the United Kingdom, with responsibility for the Ministry of Justice. The incumbent is a member of the Cabinet of the United Kingdom. Since the office's inception ...
, said a similar incident would not happen in England and Wales, where a recent change in the law would shortly be implemented to prevent transgender women convicted of sex offences against women, or those who retained their original genitalia, from being detained in a women's prison, apart from in exceptional circumstances authorised by the minister.
Yvette Cooper Yvette Cooper (born 20 March 1969) is a British politician who has served as Home Secretary since July 2024. A member of the Labour Party (UK), Labour Party, Cooper has been Member of Parliament (United Kingdom), member of parliament (MP) for Po ...
, the
Shadow Home Secretary In British politics, the shadow home secretary (formally known as the shadow secretary of state for the home department) is the person within the Official Opposition Shadow Cabinet (UK), shadow cabinet who shadows the home secretary; this effecti ...
, said "this dangerous rapist should not be in a women's prison". Keith Brown, Scotland's
Cabinet Secretary for Justice Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Fili ...
, told
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he trusted the
Scottish Prison Service The Scottish Prison Service (SPS) () is an executive agency of the Scottish Government tasked with managing prisons and Young Offender Institutions. The Chief Executive of the Scottish Prison Service, currently Teresa Medhurst, is responsible ...
to decide where Bryson should be held: "The facts of the matter are that the Scottish Prison Service has a long track record – I'm talking 20 years and more – of assessing risks within our prisons, including those presented by the presence of trans prisoners – both for the trans prisoners themselves and other prisoners."


Gender Recognition Reform Bill

Bryson's conviction came several weeks after the
Scottish Parliament The Scottish Parliament ( ; ) is the Devolution in the United Kingdom, devolved, unicameral legislature of Scotland. It is located in the Holyrood, Edinburgh, Holyrood area of Edinburgh, and is frequently referred to by the metonym 'Holyrood'. ...
passed the
Gender Recognition Reform (Scotland) Bill The Gender Recognition Reform (Scotland) Bill is a bill passed by the Scottish Parliament. The bill seeks to amend the Gender Recognition Act 2004 of the Parliament of the United Kingdom, making it simpler for people to change their legal gen ...
, designed to allow trans people in Scotland to more easily change their legal sex. The bill's opponents pointed to the Bryson case, and questioned whether it contained a sufficient level of safeguarding for women in prison. The
UK government His Majesty's Government, abbreviated to HM Government or otherwise UK Government, is the central government, central executive authority of the United Kingdom of Great Britain and Northern Ireland.
subsequently blocked the bill under the
Scotland Act 1998 The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was o ...
, citing the alleged potential for predatory men to use the legislation to access
women-only space A women-only space is an area where only women (and in some cases children) are allowed, thus providing a place where they do not have to interact with men. Historically and globally, many cultures had, and many still have, some form of female ...
s for malicious purposes.
Nicola Sturgeon Nicola Ferguson Sturgeon (born 19 July 1970) is a Scottish politician who served as First Minister of Scotland and Leader of the Scottish National Party (SNP) from 2014 to 2023. She has served as a member of the Scottish Parliament (MSP) sin ...
,
First Minister of Scotland The first minister of Scotland () is the head of government of Scotland. The first minister leads the Scottish Government, the Executive (government), executive branch of the devolved government and is th ...
, denied such a risk, and accused the UK government of attacking Scottish democracy and trying to fuel a
culture war A culture war is a form of cultural conflict (metaphorical " war") between different social groups who struggle to politically impose their own ideology (moral beliefs, humane virtues, and religious practices) upon mainstream society, or upon ...
. The bill would have precluded anyone with a sexual harm prevention order or sexual offences prevention order from obtaining a
Gender Recognition Certificate The Gender Recognition Act 2004 is an Act of Parliament, act of the Parliament of the United Kingdom that allows adults in the United Kingdom who have gender dysphoria to change their legal sex. It came into effect on 4 April 2005. Backgroun ...
. Policy analyst Lucy Hunter Blackburn addressed the Equalities Committee and warned the bill could lead to legal challenges and suggested it should be amended to exempt prisons from recognising the trans status of prisoners.


Move to a men's prison

On 26 January 2023,
Nicola Sturgeon Nicola Ferguson Sturgeon (born 19 July 1970) is a Scottish politician who served as First Minister of Scotland and Leader of the Scottish National Party (SNP) from 2014 to 2023. She has served as a member of the Scottish Parliament (MSP) sin ...
, the
First Minister of Scotland The first minister of Scotland () is the head of government of Scotland. The first minister leads the Scottish Government, the Executive (government), executive branch of the devolved government and is th ...
, commented on the case at First Minister's Questions after
Conservative Conservatism is a cultural, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, customs, and values. The central tenets of conservatism may vary in relation to the culture and civiliza ...
leader Douglas Ross raised the issue. Sturgeon confirmed that Bryson would not serve her sentence at Cornton Vale, saying "There is no automatic right for a trans woman convicted of a crime to serve their sentence in a female prison even if they have a gender recognition certificate. Every case is subject to rigorous individual risk assessment and the safety of other prisoners is paramount." She also confirmed the Gender Recognition Reform Bill had no bearing on Bryson's case. Under Sturgeon's orders, Bryson was moved to a men's wing of
HM Prison Edinburgh HMP Edinburgh is located in the west of Edinburgh on the main A71, in an area now known as Stenhouse, and, although never named as such, has commonly been known as Saughton Prison from the old name for the general area. The prison is situat ...
later the same day. At the 2 February session of First Minister's Questions, Sturgeon agreed with Ross that Bryson was "almost certainly" lying about being transgender, as an "easy way out". Rhona Hotchkiss, a former governor of Cornton Vale prison, described the decision to send a convicted rapist to a women's prison as an "unnecessary shambles".


Aftermath

Following the decision to move Bryson to a men's prison, speculation arose concerning a potential blanket rule on accommodating transgender prisoners, after Sturgeon agreed with comments made by Brindley during an appearance on the 27 January edition of '' The News Agents'' podcast. Vic Valentine of the campaign group Scottish Trans expressed fears that such a rule would place trans women at significant risk if they were sent to a men's prison, but agreed that sex offenders who pose significant risk to women should not be housed with other female prisoners. On 29 January 2023, following public backlash over the Bryson case as well as that of
Tiffany Scott Tiffany Scott (born May 1, 1977) is an American figure skater. Scott was born in Hanson, Massachusetts. She skated with Philip Dulebohn until 2005. They competed at the 2002 Olympic Games and won the pairs title at the 2003 United States Figure ...
, a trans woman convicted of stalking a 13-year-old girl, who had successfully applied to be transferred to a women's facility, the Scottish Prison Service announced it would pause movement of all transgender prisoners, while it carried out an "urgent review" into all transgender prisoners. On 9 February it announced that trans prisoners in Scotland would initially be housed according to their assigned sex at birth, after their case would be assessed to determine whether it would be suitable to accommodate them in a men's or women's facility. On the Bryson case, the report said the Scottish Prison Service's procedures had been followed, but that the SPS had received "conflicting and limited information" about Bryson beyond her immediate convictions, and recommended a "shared justice process" for the future admission of transgender people to prison. The report also confirmed that Bryson did not have any contact with the other prisoners during her time at Cornton Vale, and therefore did not pose a risk to them. On 27 February 2023, regulations in
England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
came into force banning transgender women "with their male genitalia intact", or those who are sex offenders, from being sent to women's prisons. On 3 July 2023,
Sky News Sky News is a British free-to-air television news channel, live stream news network and news organisation. Sky News is distributed via an English-language radio news service, and through online channels. It is owned by Sky Group, a division of ...
reported that Bryson had written to the '' Sunday Mail'' to say that prison was "full of transphobic people" after a man was charged with threatening behaviour against her. Police Scotland confirmed that they had attended the prison on 8 June, and that a 24-year-old man had been charged over the incident. In another letter to the ''Sunday Mail'' in April 2024, she claimed to have received an apology from the Scottish Prison Service after a female prison officer misgendered her. On 5 December 2023, the
Scottish Prison Service The Scottish Prison Service (SPS) () is an executive agency of the Scottish Government tasked with managing prisons and Young Offender Institutions. The Chief Executive of the Scottish Prison Service, currently Teresa Medhurst, is responsible ...
issued new guidelines on transgender prisoners, stating that
trans women A trans woman or transgender woman is a woman who was assigned male at birth. Trans women have a female gender identity and may experience gender dysphoria (distress brought upon by the discrepancy between a person's gender identity and their ...
who have hurt women or girls would not be sent to a female prison unless there were "exceptional" circumstances. In September 2024, Jo Farrell, the Chief Constable of Police Scotland, said the force would not record a male rapist as female, telling Sky News "You can only commit that crime as a man". However, it was later reported that Police Scotland had considered recording Bryson as female. The matter was subsequently raised at Holyrood, where the
Scottish Conservatives The Scottish Conservative and Unionist Party (), known as Scottish Tories, is part of the UK Conservative Party (UK), Conservative Party active in Scotland. It currently holds 5 of the 57 Scottish seats in the House of Commons of the United Ki ...
suggested Police Scotland had "serious questions to answer" over the proposal.


See also

* Karen White case – English transgender woman who was transferred to a women's prison and sexually assaulted female inmates *
Tiffany Scott (prisoner) Tiffany Louise Scott (1991/92 – 29 February 2024), born Andrew Burns, was a Scottish sex offender who was subject to an Order for Lifelong Restriction after admitting to stalking a 13-year-old girl by sending her letters while serving time in p ...
– Scottish transgender woman convicted of child sexual abuse, later transferred to women's prison *
Amber McLaughlin Amber McLaughlin (January 13, 1973 – January 3, 2023) was an American criminal executed in Missouri for the 2003 rape and murder of her ex-girlfriend, Beverly Guenther. At the time of the crime, McLaughlin was living as male; she transitione ...
– American transgender woman convicted of rape and murder, first
transgender A transgender (often shortened to trans) person has a gender identity different from that typically associated with the sex they were sex assignment, assigned at birth. The opposite of ''transgender'' is ''cisgender'', which describes perso ...
person to be executed in the USA * Kim Marie Johansson – Swedish transgender woman convicted of murder as a man, Johansson transitioned in prison and transferred to a women's prison


References

{{DEFAULTSORT:Bryson, Isla 2023 in British law 2023 in LGBTQ history 2023 in Scotland 2023 in women's history 2020s trials Crime in Glasgow High Court of Justiciary cases January 2023 in the United Kingdom February 2023 in the United Kingdom LGBTQ history in the United Kingdom Prisoners and detainees of Scotland Rape in Scotland Rape in the 2010s Trials in Scotland Political scandals in Scotland