Epistemic Domination and ‘Gender Identity Fraud’ Prosecutions

By analyzing the so-called 'gender identity fraud' cases of recent years in Great Britain, I will show that these cases fall outside Miranda Fricker's theoretical framework of epistemic injustice. In building on Talia Bettcher's work on the deceiver and pretender stereotypes of trans people, I will provide an analysis of the convictions and argue that these cases are examples of epistemic domination. First, I will argue that testimonial injustice as a concept is inapt to explain why the consent given in these cases was considered vitiated in the trials. Second, I will show how hermeneutical injustice falls short in elucidating the power structures at play and obscures our understanding of the possibilities and responsibilities of the respective epistemic agents. Moreover, I argue that these cases are morally and politically wrong because these convictions create a legal double-bind for trans people. At the end of my discussion, I develop the concept of relational epistemic domination, which is suffered by partners of trans people and which might affect the complainants in these cases. I will conclude that states must refrain from prosecuting gender identity fraud, and to theorize similar cases adequately, we must do so as cases of epistemic domination.