Yesterday Howard Bashman reported an interesting news item. It seems a judge dismissed an indecent-exposure charge against a woman, because the statute she allegedly violated is, according to the judge, "gender specific." The statute says that "every person who willfully and lewdly exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed" commits a misdemeanor. The judge reasoned, "Usually when a section proscribes conduct, it's 'his or her. This one is not. It's gender specific. It's 'his.'" Howard links to stories by the Press-Enterprise, the AP, and the Californian.
What's a draftsman drafter of legislation to do? For possible answers, continue reading.
You could add "or she" to every "he," and "or her" to every "him" and "his." But too much of that may remind readers of this bit from Monty Python's Life of Brian:
Rogers: Yes, I think Judith's point of view is very valid, Reg, provided the movement never forgets that it is the unalienable right of every man...
Stan: Or woman.
Rogers: ...or woman to rid himself...
Stan: Or herself.
Rogers: ...or herself...
Reg: Agreed.
Rogers: Thank you, brother.
Stan: Or sister.
Rogers: Or sister...where was I?
Reg: I think you'd finished.
Rogers: Oh. Right.
Reg: Further more, it it the birthright of every man...
Stan: Or woman.
Reg: Why don't you shut up about women, Stan? You're putting us off....
Fortunately, there's help for writers who want to avoid alienating readers sensitive to sexism without sounding like Stan. If you have Bryan Garner's A Dictionary of Modern Legal Usage (2nd ed.), turn to page 799 and read the Sexism essay. And if you're reading this post on a computer, then you can click on Gender Neutral Language by Richard A. Bales or Gender Free Legal Writing by the British Columbia Law Institute.
Anotther place for the "singular they":
..."every person who willfully and lewdly exposes their person, or their private parts, in any public place, or in any place where there are present other persons to be offended or annoyed"...
And why accept the euphemisms: person, private parts. Get graphic, for goodness sake.
Criminal Code of Canada
Disorderly Conduct
Indecent acts
Exposure
... Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of fourteen years is guilty of an offence punishable on summary conviction.
Nudity
174. (1) Every one who, without lawful excuse,
(a) is nude in a public place, ...
Nude
(2) For the purposes of this section, a person is nude who is so clad as to offend against public decency or order.
Posted by: Cheryl Stephens | 21 October 2006 at 07:44 PM