A transgender woman who raped two primary school girls has been convicted just weeks after Scotland’s prison service quietly changed its policy again. The case of Serenity Johnston has reignited public anger and thrown fresh doubt on whether the Scottish Government can ever keep violent male offenders out of women’s jails.
Johnston, 34, previously known as David, was found guilty at the High Court in Livingston of five sexual offences, including two rapes against girls aged under 11. The attacks happened when Johnston still lived as a man.
The verdict has sent shockwaves through Scotland because, under the current SNP rules, Johnston could still apply to serve the sentence in the female estate.
What Johnston Was Convicted Of
The jury heard how Johnston preyed on two vulnerable young girls in separate attacks years apart. The crimes were described in court as “calculated, cruel and depraved”.
Prosecutors proved Johnston:
- Raped one girl when she was just eight years old
- Raped a second victim when she was ten
- Committed three further sexual assaults on the same children
The offences only came to light years later when the brave survivors came forward as adults.
Johnston showed no emotion as the guilty verdicts were read out last week. Sentencing is due later this month.
Former Governor Warns: “The Policy Is Still Wide Open to Abuse”
Rhona Hotchkiss ran Scotland’s only women’s prison, Cornton Vale, for years. She told the Sunday Mail the current rules remain “ambiguous and illogical”.
“Until ministers say clearly that no male can ever be housed in a women’s prison, there will always be risk,” she said.
Hotchkiss pointed out that Johnston could launch a legal challenge claiming discrimination if refused a place in the female estate.
“The Scottish Government wants to say some trans women are women and some are not, depending on what crimes they committed. That makes no sense. Either they are women or they aren’t. There should be no grey area,” she added.
How the Isla Bryson Scandal Changed Everything (Or Did It?)
Most Scots remember the name Isla Bryson. In January 2023, the double rapist was sent to Cornton Vale women’s prison after being convicted, only to be moved 48 hours later when the public outcry became deafening.
Nicola Sturgeon was forced to intervene personally. Days later, the Scottish Prison Service paused all transfers of trans prisoners with a history of violence against women.
By December 2023, new guidance said such prisoners would “not normally” be housed with women. But campaigners say “not normally” still leaves a dangerous loophole.
For Women Scotland Takes Ministers Back to Court
The campaign group For Women Scotland is currently challenging the Scottish Government’s transgender prison policy in the Court of Session.
They argue that allowing any biological male into women’s jails breaches the Equality Act and endangers female prisoners.
Their lawyer, Aidan O’Neill KC, told the court last month that risk assessments are meaningless when the prisoner has already committed serious sexual offences against women or girls.
A ruling is expected within weeks.
What Happens Next for Johnston?
Scottish Prison Service sources say Johnston will “almost certainly” be sent to a male jail because of the nature of the crimes.
But critics say “almost certainly” is not good enough.
One female prisoner who served time with Isla Bryson before the transfer told this newspaper: “We were terrified. You cannot imagine the fear when you realise the person in the next cell is a rapist who still has male genitals. It doesn’t matter what they call themselves.”
Another former inmate said: “Women in prison are already traumatised. Many of us are there because of male violence. Putting men in with us is state-sanctioned cruelty.”
The Scottish Government insists every case is assessed individually and that “the safety of all prisoners is paramount”.
Yet three years after the Bryson scandal, many women in Scotland’s jails and on the outside are asking the same question: when will ministers finally say no men means no men?
The survivors in this case showed incredible courage to see justice done. Their strength should shame politicians into closing the loopholes once and for all.
What do you think? Should any male-bodied prisoner ever be allowed in a women’s jail, no matter how they identify? Drop your thoughts below and share this story with #NoMenInWomensPrisons
