justice
Gender issues in sport … again!
Yep, it’s back on the agenda.
Remember Caster Semenya‘s involvement at the Rio Olympic games way back in 2016? I wrote a piece for this blog about the ethical dimensions that rumbled on for ages.
Now here we are years later with another case involving sex chromosomes and justice in sport.
But let me just say this: there’s so much good about the big international sporting events bringing people together from around the world in a healthily competitive arena. Clear rules of engagement, close scrutiny of performance, awesome talent on display, national pride, the best taking on the best … So let’s not lose sight of the big picture by homing in on a single disturbing case.
Because the vast majority of athletes at the top of their game are competing on merit, when there’s a clear violation of the standards of fairness and equality expected and taken for granted in high level sport we are justifiably outraged. The authorities organising the event are challenged. Sometimes individuals are excluded or medals removed. Sometimes not.

This past week in the Paris Olympics in the women’s welterweight boxing, Italy’s Angela Carini was forced to abandon a fight after only 46 seconds because she feared for her life. Opposite her in the ring was an Algerian boxer, Imane Khelif, who has failed sex tests in the past, and who was removed as recently as last year from the World Championships after failing a testosterone test. The power behind Khelif’s punches was such that Carini’s physical safety could not be assured.
In this case the president of the International Olympic Committee appears to be confused as to the real issues of biology here, but there are plenty of people spelling out the facts of the case. This is not a matter of a transgender competitor; rather of differences in sex development and tests demonstrating that two competitors in female boxing (the other one is Taiwan’s Lin Yu-ting) have XY chromosomes – which denote maleness. Simply being raised as a girl and having a passport identifying them as female, is not – or surely should not be – enough to qualify someone to enter into one of the most dangerous arenas at the highest level as a female. One article reported in Science Daily in 2020 documented that on average men punch 162% times harder than women. It figures.
But hey, I’m not on the inside of this story. What do I know? Only what’s reported in the media. Whose story is the correct one? I can only deal with what I’m reading and hearing, and form my opinion based on that. So feel free to correct me if you know more.
As I see it, the IOC has attempted to ‘dial down’ scrutiny of the match, TV coverage was minimised; nevertheless debate on the subject has gone viral with the inevitable distortions and sensationalisation that brings. Celebrities as well as sports commentators have joined in the furore over the injustice of this incident. Widespread vitriol, hate and calls for justice have followed. My own observations tell me this was an unfair fight.
But through it all Khelif insists: I am a woman. Her father says she’s a woman. Her country says she’s a woman. She believes she has every right to fight for a medal for her country. Some reports state that she was born with Swyer syndrome which is a form of intersex. That’s as may be, but in other circumstances I would not condone a person with XY chromosomes smashing into a person with XX chromosomes in order to subdue and crush them: my instinct is to apply the same rules in sport.
But whose rights take precedence here? What do you think?
The self-appointed righteous judges of this world have a long history of casting stones at those who are ‘different’ even where this is through no fault of their own. So, If Khelif is simply following a dream after a lifetime struggling with the tricks nature has played on her, I hope she can find some fair and fulfilling way to achieve her goals.
The power of drama
Oh wow! What an amazing response to a drama.
Mr Bates vs the Post Office is based on a real life story of one of the biggest miscarriages of justice in British legal history. More than 700 sub-postmasters and -mistresses were falsely accused of theft, fraud and false accounting, after faulty software made it look as if money was missing – large sums of money. They had long complained about bugs in the system after it erroneously reported shortfalls; some had even used their own money to plug the gaps. Following the convictions, lives were devastated. Reputations were shredded, families bankrupted and shunned. Marriages, businesses and job prospects were ruined. Some people were imprisoned. Some took their own lives.
Prosecutions for these supposed thefts took place between 1999 and 2015. After 20 years of maintaining their innocence, campaigners eventually won a legal battle to have their cases reconsidered. Twenty years!
A public inquiry began in February 2021, but three years on many victims are still fighting for justice, or to secure full compensation. To date only 93 convictions have been overturned, even though it is now undisputed that the software was to blame. That same software, Horizon, is still being used by the Post Office; this new version is described as ‘robust’.
The delays are unconscionable, but a drama has precipitated real action. From 1-4 January 2024 ITV aired four instalments of Mr Bates vs the Post Office, with Toby Jones playing the title character, sub-postmaster Mr Bates, with his customary skill and appeal.
Then on Wednesday 10 January, the BBC devoted an hour of the morning news programme Breakfast, to listening to nine of the real life victims of the Post Office scandal, and allowing them to ask questions of the relevant government minister on air.
At lunch time that same day, 10 January, (yesterday) the prime minister announced new legislation to ‘swiftly exonerate and compensate’ victims.
Wow! I rather suspect the British public will not now allow this promise to go unfulfilled. Such is the power of storytelling.
Backstory
It’s probably fair to say that Patricia Cornwell is generally adjudged the undisputed mother and queen of forensic thriller writing.

It was her first novel, Postmortem, that kick-started this genre and spawned a fascination with the world of the dead. BBC series like Silent Witness, and Waking the Dead, which explore unexplained deaths, are aired at prime time. Just this week, Channel 5 has started showing a brand new 3-part documentary, Cause of Death, taking viewers inside a coroner‘s office as he and his team investigate unexplained deaths.
But way back in the 1980s, it was not instant hits all round. Initially Cornwell had to endure the usual run of rejections, and even when Postmortem was published, it took time before it was duly acclaimed. When she slipped out in her lunch break from the mortuary where she worked for her very first book signing, precisely no copies of the book were sold, and she fielded just one question: an elderly lady asking where she could find the cookbooks!
Since then, of course, she has achieved phenomenal success, won an impressive raft of literary prizes, and sold over 120 million books. Probably her most famous character is Chief Medical Officer Dr Kay Scarpetta, and next week her 26th book in the series comes out. 26!! But it’s Scarpetta’s backstory, and that of her niece Lucy, and policeman colleague Pete Marino, that help to drive the novels – a massive achievement in itself to sustain the suspense and time-lines across so many years, a backdrop to countless horrific crimes and painstaking investigations, each a compelling read in its own right.
Another powerful characteristic of her books which I am in awe of is the precision – whether it’s the minute records of exactly which bones were fractured in a frenzied attack, or the precise level of decomposition of a body, or the battery of tests needed to establish where a body has been, the scene is described in meticulous detail. She lists as her interests:
Forensics | Forensic Technologies | Ballistics | Weapons | Explosives | Pathology & Autopsies | Crime | Historical and Unsolved Criminal Cases | Jack The Ripper | Helicopter Piloting | Scuba Diving | Archaeological Excavation Experience |
It shows! And she’s famous for working tirelessly to stay up to speed as methods of detection and analysis evolve.
But until this week I was unaware of her own harrowing personal story. Interviews with her to mark the publication of Livid on 25th October, have revealed a grim start in life. She was just five years old when her father walked out on Christmas Day. Shortly afterwards she was molested by a local patrolman, and required to testify in court before a grand jury. Her mother suffered from psychotic depression and spent large swathes of her daughter’s early life in hospital, meaning Patricia was either responsible for caring for her at home or in foster care herself. Her foster mother verbally abused her, bullied and force-fed her (leading to subsequent anorexia). She also left Patricia’s beloved dog locked in the basement to die of neglect. The grown up Cornwell is still riddled with deep-down anxieties about families and responsibilities.
By her own admission, in Scarpetta she has created a character who would have rescued her from all this torment – someone who is unflagging in the pursuit of justice for the murder victims who end up on her autopsy table. But it doesn’t require a PhD in psychology to see the origins of her deep empathy with inner turmoil and the effects of suppressed emotion which are so evident in her fiction. She has used her own personal tragedy and her extraordinary literary talent to make sense of the world. In her own words: I think your pain becomes your poetry, your gift. What a gift!
Justice, rights, entitlement
The latest casualty of the coronavirus lockdown in this country is fertility care. As of Wednesday of this week, no new patients will be accepted, and even those in mid-treatment, those for whom this is their last hope, those who will be too old to qualify or stand a chance of success by the end of lockdown, will not now receive the necessary procedures towards which they’ve been working for so long. Yet another tragedy. More heartbreak. More hopelessness.
Which brings my thoughts to the ethical issues around assisted conception …
It’s now fifteen years since I wrote Double Trouble, a book about surrogate pregnancy. Fifteen years! Yoiks. But as with so many ethical dilemmas in medicine, the issues are still relevant today.
I was fascinated then, to watch the serialised BBC1 drama, The Nest, which finished this week, about a very wealthy but childless couple, Glasgow property tycoon Dan and his beautiful pampered wife Emily, who decide to go down this route. Click on the picture for the official trailer.
All attempts at IVF have proved unsuccessful. Dan’s sister has already tried to carry a baby for them but miscarried. They have one precious embryo left. One. Only one more chance. Emily meets the troubled teenage Kaya when she accidentally knocks into her in her car. Kaya sees an opportunity to get out of her impoverished life, and offers to be a surrogate for them in return for £50K. But as the story unravels we find that Kaya has secrets in her past and a very dubious pedigree indeed …; the would-be father Dan is something of a rough diamond too, dealing with a lot of shady characters and skullduggery …; Emily is single-minded about motherhood and what she wants, but privately troubled by the morality of what they are doing – always setting herself up as ‘the principled one‘ according to her sister-in-law. No-one in the UK will implant the last embryo. However, the Dochertys can well afford to go abroad for the simple procedure, and they do so.
On the face of it everyone stands to win. Kaya will be set on her dreamed-of pathway to becoming a successful business woman, able to ‘go on a plane, have one of these pull-along cases‘. The wealthy couple get their hearts’ desire. Better yet, surrogate and intended parents establish a relationship, even friendship. Kaya moves in with the Dochertys and gets a taste of a life of privilege. The baby will not only be much wanted, but will have every advantage money can buy.
Naturally – this is, after all, fiction, drama, a series requiring cliff hangers – things go pear-shaped. Relationships get confused. Loyalties are divided. Dubious and unsavoury motives emerge. But the underlying questions and challenges remain pertinent.
Is parenthood a right?
Is ‘want’ the same as ‘need’ in childbirth terms?
Payment for this service in the UK is forbidden. Should it be?
How binding should a contract between intending parents and surrogate be?
Should private arrangements for surrogacy be permitted?
Does a woman have the right to do whatever she likes with her own body?
What constitutes ‘reasonable expenses’?
Should those with the wherewithal be allowed to circumvent ethical and medical guidelines?
Does using someone far less powerful in this way constitute exploitation?
In the event of a dispute about whose baby it is, whose rights should take precedence, and who should decide?
What if the child is damaged/imperfect/not what was expected? Should the contract still stand? Who should accept responsibility for him/her?
What of the baby’s rights?
How much of its origins should a child be told?
Back to the drama … enter Kaya’s long-estranged mother, who encourages her to renege on the contract, hang on to the baby, become a mother herself, a better mother than she has been. But Dan already loves this child. Even when he finds out she is not his genetically, she’s still his daughter in his heart. The Dochertys call in their lawyer; the case goes to court. It’s left to the judge in the Family Court to put things into perspective – severely castigating their self-serving recklessness, the complete imbalance of power, the undesirable qualities on both sides. But, she says, at the end of the day it’s not a question of how she would judge them; it’s about what is in the baby’s best interests.
Contrary to expectation, there is a happy ending to this story, and both sides demonstrate they’ve learned important lessons about what matters in life. But the drama perfectly illustrates the power of fiction to challenge us to think about what society today should endorse, and how far the law can go in dealing with the fine nuances of moral questions in assisted reproduction. Well done, screenwriter Nicole Taylor.
Death row drama
Fast-paced … action packed … unputdownable … chilling … compelling … well crafted … the reviews give Last Witness by Jillianne Hoffman plenty of hype.
Plus, the author has impeccable credentials for writing a book about criminal trials and police investigations. She was herself an Assistant State Attorney between 1991 and 1996, and a Legal Advisor for the Florida Department of Law Enforcement until 2001, so she knows what she’s talking about. I set out with high hopes. But as I read, a little voice niggled. Is she perhaps rather too anxious to ensure the reader knows how everything works, what everything means. I was personally criticised for letting my academic background show through the mesh early on in my metamorphosis into novelist, so it’s something I’m specially attuned to.
Having said that, the book is centred on a fascinating premise: just how far should a person go to ensure justice is done? Is it ever justifiable to lie in the interests of the greater good, to protect innocent people? My kind of ethical challenges, huh? And Hoffman creates enough bad apples to make one suspicious of everyone in this story! She also challenges the reader to ask, What would I have done in these circumstances? Could I live with a guilty conscience? OK, I’m listening.
A summary of the story:
Three years ago a serial rapist, William Bantling, was sent to death row by Florida’s Assistant State Attorney, CJ Townsend, for the torture and murder of eleven young woman.
Now three policemen closely involved in Bantling’s conviction have been brutally murdered in ritualistic killings conveying a powerful message. No gruesome details are spared in the telling! CJ knew all three victims. She also knows the shocking secret they took to their graves. Now she is the last witness to what they all conspired in.
Someone out there knows the truth and will stop at nothing to prevent it being revealed. Will she be the next to die? Who exactly is this second monster and what motive could he possibly have for such barbarity?
As new facts emerge, serious doubts are being raised about the safety of Bantling’s conviction, enough to demand he be brought from death row to the very court that convicted him, to face again the young woman who sent him to his death. A woman he once raped, terrorised and left for dead. He’s a man with scores to settle and allies in dark places. She’s a woman haunted day and night by the past and the future.
It’s a dark barbaric tale scraping the barrel of human depravity and psychological manipulation. Maybe it was because I read it during a ten-hour train journey, but I found it rather weighed down with technical detail which slowed the momentum of the story for someone not familiar with the American judiciary system.
In places too, I found the style of writing rather repetitive, and hampered by the density of the material. For me it needed space to breathe. But I loved the description of criminal defense attorney, Lester Franklin Barquet who ‘was old school himself, dressed to the nines in southern manners and a three-piece suit.’
It’s a thriller and part of my ongoing education in how to achieve suspense and tension, but this one doesn’t make it into my exemplar section.
Christmas blessings
Since it’s just four days to Christmas I’m quite sure you don’t want to be reading about ethical dilemmas or medical conundrums or even writerly angst, so I shall simply send a seasonal greeting.
It would be all too easy to simply write ‘Happy Christmas, everyone!‘ but I know that sadly this will not be a joyous time for many people. So …
If you are currently facing devastating loss or grief,
may you be given the strength and courage to go on.
If you are caught in a spiral of stress and anxiety,
may you find a way through which guides you to a safer, more peaceful place.
If life is currently good and you have all you need,
may these blessings continue, valued and treasured.
If you are fortunate enough to enjoy a super-abundance of health and wealth,
may you have the wisdom, compassion and generosity to share wisely.
If you are in a position of power,
may you have the humility and insight
to use it to influence others and effect change for the greater good.

‘Let there be peace on earth and let it begin with me.’
Back in the noughties, when I was writing my novel,
As far as the general public are concerned, opinion has swung in favour of a change in the law; for some kind of easement of intolerable suffering. Politicians have gradually – almost imperceptibly – become less scared of picking up this hot potato.
With all the events marking 
