Rape Crisis Scotland is being urged to abide with a landmark legal ruling as it advertises for a new “woman-only” advocacy worker.
Campaigners are calling on the charity to ensure that the person hired is a “biological woman”, as defined by the UK Supreme Court in a judgment earlier this year.
Fiona McAnena, director of campaigns at the charity Sex Matters, said the ruling “leaves no doubt that ‘women’ must mean those who are female, as observed and recorded at birth”.
She added: “Rape Crisis Scotland says it is ‘trans inclusive’ and that’s fine as long as it operates according to the law, which means this job is only for women, not men who identify as such.”
It comes after Rape Crisis Scotland (RCS) came under scrutiny last year following failures at Edinburgh Rape Crisis Centre (ERCC).
An independent review commissioned by RCS found that ERCC – an autonomous member centre – failed to provide women-only spaces for 16 months.
Mridul Wadhwa – a transgender woman – stepped down as ERCC chief executive after the report concluded she failed to act professionally and did not understand the limits of her authority.
The investigation was triggered after an employment tribunal found former ERCC employee Roz Adams had been constructively dismissed over her “gender critical beliefs”.
ERCC apologised to Ms Adams, while RCS said the subsequent review “presented challenging findings” as it vowed to act on the proposed recommendations.
Amid the controversy, Glasgow and Clyde Rape Crisis (GCRC) centre cut ties with RCS’s network of branches following concerns over single-sex spaces.
Since then, For Women Scotland’s (FWS) long-running legal battle with Scottish ministers ended with the UK Supreme Court ruling in April that the definition of a “woman” and “sex” in the Equality Act 2010 refers to “a biological woman and biological sex”.
The ruling has prompted organisations across the country to re-evaluate their policies on single-sex spaces and services.
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In the RCS advertisement for the new part-time advocacy worker, the application notes state: “Only women need apply under Schedule 9, Part 1 of the Equality Act 2010.”
The genuine occupational requirement clause allows employers to specify that a job can only be held by someone with a particular protected characteristic in specific circumstances.
Ms McAnena said the role of a rape crisis support worker would easily meet the conditions for the occupational requirement clause.
In light of the Supreme Court ruling, FWS and Sex Matters are calling on RCS to ensure the role goes to a biological woman.
The campaign groups are seeking clarification amid claims the reference to Schedule 9 of the Equality Act was also the same wording used in ERCC’s 2021 job advert that led to the recruitment of Ms Wadhwa.
Trina Budge, director of FWS, called on RCS to confirm it would comply with the 2025 ruling so it can “start to rebuild trust with service users”.
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Interviews for the advocacy role are expected to begin next month.
The advert says: “We are committed to a diverse and inclusive workplace and especially welcome applications from women of colour and those under-represented in the workforce.”
The winning applicant will become part of a team that provides support and advocacy to survivors who are engaged, or considering engaging, with the criminal justice system following an experience of sexual violence.
RCS was contacted for comment.
