Soldier fined £350 after he admits first transgender hate crime

A SOLDIER who attacked a woman awaiting a sex-change operation became the first person in Scotland to be convicted of transgender prejudice yesterday.

Perth Sheriff Court heard that Terry Porter burst into the house where Chloe, formerly Calum, Dow was sleeping and hurled abuse at her. Porter, who pled guilty to breaching the peace by behaving in a threatening or abusive manner, admitted that his offence was aggravated by prejudice relating to Miss Dow’s transgender identity. The 19-year-old will be disciplined by chiefs in the 2nd Battalion of the Royal Regiment of Scotland.

Sheriff Michael Fletcher described the incident as “a nasty offence” and fined Porter £350 – £150 more than a breach of the peace fine, to mark the transgender prejudice.

The court heard that Porter targeted Miss Dow – who is awaiting gender reassignment surgery – during a drunken night out to celebrate joining the army.

After rushing into the home where she was sleeping, Porter – who was unknown to the transexual – elbowed her and subjected her to a tirade of foul-mouthed abuse.

Fiscal depute Rebecca Kynaston told the court: “The complainer is transgender. She lives as a female, but was born a male. She goes by the name Chloe, having previously been Calum. She is awaiting gender reassignment surgery.”

Miss Dow and a third party were staying at her friend Oliver Bond’s home in Milnathort, Kinross, when Porter arrived in the early hours and began knocking loudly on the door.

“Miss Dow was sleeping in the bedroom. The others were sleeping on the sofas in the living room. At 3:50am all were woken by loud banging at the back door.”

Mrs Kynaston said that Porter was asking if Miss Dow was a boy or a girl. He threatened to drag Miss Dow out of bed and punch her while shouting abusive comments.

Mrs Kynaston said that the police were called and when they arrived at the house they found Miss Dow in an “extremely distressed” state.

Porter was arrested at home a few hours later and when he was questioned by the police. When he was asked about his view of transgender people, Porter replied: “It’s their choice.”

Solicitor Peter O’Neill, defending, said that his client was “immature” and wanted to apologise to everyone involved in the case for the way he had behaved. “I am sure it comes as no surprise that he had had a lot to drink,” Mr O’Neill said.

“He had been training with the military and is now a serving soldier. He was with friends and was joining the regiment on the Monday following this incident. This was a bit of a send-off that evening and he had been drinking heavily.

“He did not know Chloe Dow. She came out and a conversation was had. He has never met anyone who is transgender before. The conversation got to territory he was uncomfortable with and he behaved in a manner he describes as completely out of order.

“He has nothing against transgender people and feels like a complete idiot for insulting this woman and he is very sorry for his actions.”

Mr O’Neill told the court: “It was an unpleasant incident – he accepts that. Nobody should have to get out of bed to be insulted and treated in this manner. He is a young man who is immature.

“The army are aware of the charges. He will be disciplined.”

Sheriff Michael Fletcher said: “This was a nasty offence because of the character of it. It was aggravated by prejudice towards the transgender identity of the victim.”

He said it was “extremely unpleasant” and told Porter he would have been fined £200 if it had been a simple breach of the peace. However, he said he was adding a further £150 to the fine to mark the transgender prejudice, and fined Porter £350. Miss Dow and Porter both left court without comment.

Carl Watt, director Stonewall Scotland, which campaigns for lesbian, gay, bisexual and transgender equality, said: “Too many people in Scotland experience hate crimes and many don’t report it because they think it won’t make a difference or because it happens on such a regular basis.”