I believe the MSP was speaking is wrong Sexual Offences (Scotland) Act 2009, s. 1 provides that rape is when a person A penetrates another B with A's penis.
A self-defining as not a man would not provide A with a defence in law.
Sexual Offences Act 2003 in England is similar.
RT @andrew_lilico: That was a really interesting point just now on R4. Apparently under Scottish law women cannot be guilty of rape. So either the person in the current self-ID case can't …
🐦🔗: https://n.respublicae.eu/AntonyHookLD/status/1618396733549207552
There are many articles online saying "in law only a mam can commit rape" but this is because they writers have interpreted "having a penis" that way. Many such articles were written around the time the SOA was made law, when fluid gender concepts were not so widely aired.
🐦🔗: https://n.respublicae.eu/AntonyHookLD/status/1618397446111105024
Here is the Scottish Act
https://www.legislation.gov.uk/asp/2009/9/contents
Here is the English & Welsh Act
https://www.legislation.gov.uk/ukpga/2003/42/contents
The rape definitions are very similar.
🐦🔗: https://n.respublicae.eu/AntonyHookLD/status/1618397996106022912