Alex Sharpe

Professor

Director of Impact

Social & Legal Theory; Human Rights; Gender, Sexuality and Law; Transgender and Law; Criminal Justice; Law and Popular Culture

School of Law
S2.30, Social Sciences Building
University of Warwick
Coventry CV4 7AL
United Kingdom

024 765 23615

Scholarship

Alex’s research interests lie in the areas of social and legal theory, legal history, criminal justice, law and popular culture, and gender, sexuality and the law. She is the author of four monographs: Transgender Jurisprudence: Dysphoric Bodies of Law (Cavendish 2002), Foucault’s Monsters and the Challenge of Law (Routledge 2010), Sexual Intimacy and Gender Identity 'Fraud': Reframing the Legal & Ethical Debate (Routledge 2018), and David Bowie Outlaw: Essays on Difference, Authenticity, Ethics, Art & Love (Routledge 2022).

Bio

LLB (University of Warwick); LLM (University of Western Australia); PhD (Keele); Barrister, Associate Member (Garden Court Chambers)

Alex joined Warwick in 2020. Previously she researched and taught at Keele University (2004-2020), Macquarie University (1996-2004), the LSE (1995), the University of Sydney (1994) and the University of Western Australia (1993). She has been a Visiting Professor at the Faculty of Law, University of Sydney, the Faculty of Law, McGill University, Montreal, the Faculty of Law, Lund University, Sweden, the Crime and Justice Research Centre, Queensland University of Technology (QUT), and the Institute of Criminology, University of Sydney. In addition to her Warwick Chair, she holds an Adjunct Professorship at the School of Justice, QUT (2014 -). She has a significant media profile and is widely consulted on trans/law issues.

Publications

Sharpe, A., 2020. Will Gender Self-Declaration Undermine Women's Rights and Lead to an Increase in Harms?. Modern Law Review, 83 (3), pp. 539-557
Sharpe, A., 2017. The Ethicality of the Demand for (Trans)Parency in Sexual Relations. Australian Feminist Law Journal, 43 (2), pp. 161-183
Sharpe, A., 2017. Queering Judgment : the case of gender identity fraud. Journal of Criminal Law, 81 (5), pp. 417-435
Sharpe, A., 2017. Scary Monsters : The Hopeful Undecidability of David Bowie (1947-2016). Law and Humanities, 11 (2), pp. 228-244
Sharpe, A., 2016. Expanding Liability for Sexual Fraud through the Concept of 'Active Deception' : A Flawed Approach. Journal of Criminal Law, 80 (1), pp. 28-44
Sharpe, A., 2015. Sexual Intimacy, Gender Variance and Criminal Law. Nordic Journal of Human Rights, 33 (4), pp. 380-391
'Sharpe, A., 2014. 'Criminalising Sexual Intimacy : Transgender Defendants and the Legal Construction of Non-Consent. Criminal Law Review, pp. 207-223
'Sharpe, A., 2012. 'Transgender marriage and the legal obligation to disclose gender history. The Modern Law Review, 75 (1), pp. 33-53
'Sharpe, A., 2009. 'A return to the 'truth' of the past. Social & Legal Studies, 18 (2), pp. 259-263
'Sharpe, A., 2009. 'England's legal monsters. Law, Culture and the Humanities, 5 (1), pp. 100-130
'Sharpe, A., 2009. 'Gender recognition in the UK : a great leap forward. Social & Legal Studies, 18 (2), pp. 241-245
'Sharpe, A., 2007. 'Structured like a monster : understanding human difference through a legal category. Law and Critique, 18 (2), pp. 207-228
'Sharpe, A., 2007. 'Endless sex : The Gender Recognition Act 2004 and the persistence of a legal category. Feminist Legal Studies, 15 (1), pp. 57-84
'Sharpe, A., 2007. 'Foucault's monsters, the abnormal individual and the challenge of English Law. Journal of Historical Sociology, 20 (3), pp. 384-403
'Sharpe, A., 2000. 'Transgender jurisprudence and the spectre of homosexuality. Australian Feminist Law Journal, 14 (1), pp. 23-37

'Sharpe, A., 2023. 'Queering Judgment : the case of gender identity fraud [previously published in 2017 81(5) Journal of Criminal Law 417-435]. Ferreira, N.; Moscati, M. F.; Raj, S. (eds.), The Queer Judgments Project, Counterpress
'Sharpe, A., 2021. 'Concept : Power [Chapter 21]. Wall, Illan rua; Middleton, Freya; Shah, Sahar (eds.), The Critical Legal Pocketbook, Counterpress
Sharpe, Alex, 2021. David Bowie Outlaw : essays on difference, authenticity, ethics, art & love. London and New York, Routledge
'Sharpe, A., 2018. 'Sexual Intimacy and Gender Identity 'Fraud' : reframing the legal and ethical debate. London, Routledge
'Sharpe, A., 2016. 'Sexual Intimacy, Gender Variance, and Criminal law [previously published in '2015 33(4) Nordic Journal of Human Rights 380-391']. Hellum, A. (ed.), Human Rights, Sexual Orientation, and Gender Identity, London, Routledge
Sharpe, A., 2016. Transgender Jurisprudence and the Spectre of Homosexuality. Law and Sexuality: Critical Concepts in Law, London, Routledge
Sharpe, A., 2016. Transgender Marriage and the Legal Obligation to Disclose Gender History. Law and Sexuality: Critical Concepts in Law, London, Routledge
'Moran, L., 'Sharpe, A., 2016. 'Violence, identity and policing : the case of violence against transgender people [previously published as 'L. Moran and Alex Sharpe, 'Violence, Identity and Policing: The Case of Violence Against Transgender People', Criminal Justice, 2004, 4, 395?417']. Theoretical Criminology: Critical Concepts in Criminology, London, Routledge
'Sharpe, A., 2010. 'Structured like a monster : understanding human difference through a legal category. In Golder, B.; Fitzpatrick, P. (eds.), Foucault and the Law, Farnham, Surrey, Ashgate, pp. 257-278
'Sharpe, A., 2010. 'Marriage and Civil Partnerships : equality and difference. In Strasser, S.; Holzleithner, E. (eds.), Multikulturalismus queer gelesen: Zwangsheirat und gleichgeschlechtliche Ehe in pluralen Gesellschaften, Frankfurt am Main, Campus Verlag, pp. 261-275
'Sharpe, A., 2009. 'Foucault's Monsters and the Challenge of Law.
'Sharpe, A., 2008. 'Endless sex : the Gender Recognition Act and the persistence of a legal category [6th revised edition]. Hale, B.; Monk, D.; Cooke, E.; Pearl, D. (eds.), The Family, Law and Society: Cases and Materials, Oxford, Oxford University Press
'Sharpe, A., 2002. 'Transgender Jurisprudence : dysphoric bodies of law.

Sharpe, A., 2017. Scary Monsters : the hopeful undecidability of David Bowie. Public Lecture, Keele University, UK, 15 March 2017
Sharpe, A., 2016. Scary Monsters : the hopeful undecidability of David Bowie [Public Lecture]. Bowie at Birbeck, Birkbeck Cinema, Bloomsbury, London, UK, 05 Nov 2016
Sharpe, A., 2016. Scary Monsters : the hopeful undecidability of David Bowie. Public Lecture, College of Law, Australian National University, Canberra, Australia, 12 Aug 2016

'Sharpe, A., 2021. 'Review of 'Kathleen Stock's Material Girls: Why Reality Matters for Feminism (London: Fleet, 2021) pp 312'. Critical Legal Thinking
'Sharpe, A., 2021. 'Review of 'Helen Joyce's Trans: When Ideology Meets Reality (London: Oneworld, 2021) pp 311'. Critical Legal Thinking
Sharpe, A., 2019. OPINION : Are Some Feminists Asking the Wrong Question about Who Counts as a "Lesbian"?. Diva Magazine, DIVA Media Group
Dunne, P., Sharpe, A., 2019. Gym Use and Changing Rooms. Oxford University Human Rights Hub, Faculty of Law, University of Oxford
Sharpe, A., 2018. Foxes in the Henhouse : Putting the Trans Women Prison Debate in Perspective. Inherently Human: Critical Perspectives on Law, Gender & Sexuality, School of Law, Durham University
Sharpe, A., 2018. Parliament cannot have Intended such Absurdity : 'Shifting Sands' : Six Legal Views on the Transgender Debate. The Guardian, Guardian News & Media Limited
Sharpe, A., 2018. Author Q&A for : 'Sexual Intimacy and Gender Identity 'Fraud' : Reframing the Legal and Ethical Debate'. Routledge
Sharpe, A., Freedman, R., Auchmuty, R., 2018. What Would Changes to the Gender Recognition Act Mean? Two legal views. The Conversation, The Conversation Trust (UK)
Sharpe, A., 2018. Legal Arguments that Gender Self-Declaration Undermines Women's Rights are Seriously Flawed. Inherently Human: Critical Perspectives on Law, Gender & Sexuality, School of Law, Durham University
Sharpe, A., 2017. Let's Get Real on International Women's Day. Inherently Human: Critical Perspectives on Law, Gender & Sexuality, School of Law, Durham University
Sharpe, A., 2017. Taking to Task : Left Liberal Opposition to Greening's Gender Recognition Reforms. Inherently Human: Critical Perspectives on Law Gender and Sexuality, School of Law, Durham University
Sharpe, A., Raj, S., 2017. Using AI to Determine Queer Sexuality is Misconceived and Dangerous. The Conversation, The Conversation Trust (UK)
Sharpe, A., 2017. Blind Desire : The Troubling Case of Gayle Newland. Inherently Human : Critical Perspectives on Law, Gender & Sexuality, School of Law, Durham University
Sharpe, A., 2017. My favourite album : David Bowie's Diamond Dog. The Conversation, The Conversation Trust (UK)
Sharpe, A., 2017. Gayle Newland and the Problem of Equating Ignorance with Non-Consent. The Conversation, The Conversation Trust (UK)
Sharpe, A., 2017. Why We Should Oppose Gender Identity Fraud Prosecutions. Legal Voice
Sharpe, A., 2016. 'Stop Me if You Think You've Heard This One Before' : The Stranglehold of the 'Gender Fraud' Narrative. Inherently Human: Critical Perspectives on Law, Gender & Sexuality, School of Law, Durham University
Sharpe, A., 2016. The Poverty of Gender Critical Feminism. Inherently Human: Critical Perspectives on Law, Gender and Sexuality, School of Law, Durham University
Sharpe, A., 2016. Transgender Inquiry Side-Steps Urgent Issue of 'Gender Fraud'. Inherently Human: Critical Perspectives on Law, Gender and Sexuality, School of Law, Durham University
Sharpe, A., 2015. The Dark Truth Behind the Convictions for 'Gender Fraud'. New Statesman, NS Media Group
Sharpe, A., 2015. Let Germaine Greer speak : its the fastest way to discredit her. New Statesman, NS Media Group
Sharpe, A., 2015. There's More Than Meets the Eye in the Case of Gayle Newland. New Statesman, NS Media Group
Sharpe, A., 2015. Deceit or Disappointment? Gender Fraud Revisited. Inherently Human: Critical Perspectives on Law, Gender and Sexuality, School of Law, Durham University
'Sharpe, A., 2013. 'Julie A. Greenberg : intersexuality and the Law : why sex matters [review essay]. Feminist Legal Studies, Springer Netherlands, pp. 327-330
'Sharpe, A., 2009. 'A review of "Transgender Voices: Beyond Women and Men" [Lori B. Girshick. Lebanon, NH: University Press of New England, 2008. 208 pp]. International Journal of Transgenderism, Haworth Press Inc, pp. 65-68
'Sharpe, A., 1997. 'Book review of "Corporate Crime: Contemporary Debates (eds) F. Pearce and L. Snider (Toronto: University of Toronto Press, 1996)". Australian & New Zealand Journal of Criminology, SAGE, pp. 100-102

Teaching Projects

Funded

Highlighted

Public Engagement through the Artist David Bowie.

This project has involved exploring philosophical ideas (difference, authenticity, love), creative methodologies (William Burroughs cut-ups writing technique) and public debates (the proper relation between ethics, aesthetics and art) through the figure of David Bowie as guide. It has involved a series of public lectures on the legal category and social theory template Monster (Phoenix, Canberra, Brisbane, London (2016), Manchester, Keele, Edinburgh (2017), Sheffield (2018) Warwick 2022); on the influence of William Burroughs writing methods on the creative output of the artist (5th Annual David Bowie Festival, Dublin 2020) on the concept of authenticity (6th Annual David Bowie Festival, Dublin 2021, Warwick 2023); on the relationship between ethics, aesthetics and art in the context of Bowie's artistic 'flirtation' with fascism (Warwick 2021), and on love Birkbeck College 2023, Warwick 2023). See:

Scary Monsters: the hopeful undecidability of David Bowie https://www.youtube.com/watch?v=QUefYVRKH3s
Authenticity: what a drag! https://www.youtube.com/watch?v=t3Atvug9UBs
Flirting with Fascism: the Thin White Duke, art and ethical limits https://www.youtube.com/watch?v=dndz5K3-caQ&feature=youtu.be
Bowie Love: beyond law https://www.youtube.com/watch?app=desktop&v=NcoAgp5WwAc&feature=youtu.be

The project culminated in a book (a collection of essays) titled: David Bowie Outlaw (Routledge, 2022), which is written so as to be accessible to non-academic as well as academic audiences.

Past Project: Prosecuting Trans People for Desire-Led Intimacy: the legal and ethical case against

This project was funded by a Leverhulme Research Fellowship (2016-2018 - £42,319). It considers, and critiques, a series of criminal prosecutions brought against trans and other gender non-conforming young people for so-called ‘gender identity fraud’ between 2012-2018. In particular, it rethinks the criminal law and philosophical concepts of consent, harm and deception, in light of these prosecutions. The project led to a series of peer-reviewed articles (see Publications tab), media interventions and blogs (see ‘Media’ tab), and culminated in Alex’s third monograph, Sexual Intimacy and Gender Identity ‘Fraud’: reframing the legal & ethical debate (Routledge, 2018) https://www.routledge.com/Sexual-Intimacy-and-Gender-Identity-Fraud-Reframing-the-Legal-and-Ethical/Sharpe/p/book/9780367280246.

Impact

Case Law

Cited by European Court of Human Rights
Hämäläinen v Finland [2014] ECHR 877 (Joint Dissenting Opinion of Judges Sajo, Keller & Lemmens, para. 13) (appeal on basis of Article 8 against state's refusal to register religious devout trans woman applicant as female unless she divorced or converted her marriage into a civil partnership. Appeal rejected)

Cited by Florida State Court
In the Marriage of Michael J. Kantaras v Linda Kantaras (2003) 6th Judicial Circuit, Pasco County, Florida, case No. 98-5375CA 511998-DR00537WS (Justice O’Brien) (case involved consideration of whether Mr Kantaras, a trans man, was legally male for the purposes of marriage law. Justice O'Brien held that he was, though the decision was later overturned in 2004 by the Florida Second District Court of Appeal.

Cited by Family Court of Australia
Attorney-General for the Commonwealth of Australia v Kevin and Jennifer & HREOC (2003) FamCA 94 (Chief Justice Nicholson, Justice Ellis and Justice Brown) (appeal court agreed unanimously with Justice Chisholm)

Attorney-General for the Commonwealth of Australia v Kevin and Jennifer & HREOC (2001) FamCA 1074 (Justice Chisholm) (case involved consideration of whether Kevin, a trans man, was legally male for the purposes of marriage law. In a break through decision at the time, Justice Chisholm held he was despite not having undertaken phalloplastic surgery)

Legislation

1. Oral Evidence given before Parliamentary Committees

Women and Equalities Committee Inquiry into Gender Recognition Act reform (Dec 2020)

https://parliamentlive.tv/Event/Index/dfc9f53e-2ac4-4c30-8712-e3df47938fd7

2. Parliamentary Written Submissions:

Submission on CPS Consultation on Deception as to Gender - Section in Rape and Serious Sexual Offences (RASSO) Legal Guidance (Dec 2022)

Gender Recognition Reform (Scotland) Bill: A Consultation (March 2020)

Government Equalities Office regarding Reform of the GRA 2004 to allow for gender self-declaration (co-author: Dr Peter Dunne, Bristol University) (October 2018)

Ministry of Justice Inquiry into the Care and Management of Transgender Offenders - focus on issues of allocation and segregation within the prison estate (co-authors: Dr Fabienne Emmerich and Dr Robyn Emerton) (2016)

Women and Equalities Parliamentary Select Committee Inquiry into Transgender Equality - focus on criminal law and marriage issues (August 2015)

Co-author of submission by GIRES (Gender Identity, Research and Education Society) to Public Bills Committee proposing legislative amendments to the Marriage (Same-Sex Couples) Bill 2013

3. Citation/discussion in Parliamentary Reports:

'Reform of the Gender Recognition Act: Third Report of Session 2021-2022 Women and Equalities Committee (2021) at paras 85, 87 and 127.

4. Citation in Parliamentary, Amicus Curiae and Other Legal Submissions:

United Kingdom

Submission by the Centre for Law and Social Justice, University of Leeds, and Intersex UK to the Women and Equalities Parliamentary Select Committee Inquiry into Transgender Equality (August 2015)

Submission by the Gender Identity, Research and Education Society to the Public Bills Committee proposing legislative amendments to the Marriage (Same-Sex Couples) Bill 2013

Hong Kong

Submission by counsel for W in the Hong Kong appeal case of W v Registrar for Marriages against the decision of Mr Justice A. Cheung, Appeal heard October 12-14, 2011

Australia

Submission to the Senate Standing Committee on Legal and Constitutional Affairs in relation to the ‘Inquiry into the Effectiveness of the Commonwealth Sex Discrimination Act 1984 in Eliminating Discrimination and Promoting Gender Equality’ by the Castan Centre for Human Rights Law, Monash University, Mebourne, 2009

Submission by the Australian Human Rights and Equal Opportunity Commission intervening in Re Alex: Hormonal Treatment for Gender Identity Dysphoria [2004] FamCA 297

Argentina

Amicus Curiae intervention by the Programa para America Latina y el Caribe Comision Internacional para los Derechos Humanos de Gays y Lesbianas in Alitt Associacion Lucha Por La Identidad Travesti-Transexual c/IGJ 1720574/35584 s/Recurso Contencioso-Administrativo (2006) Buenos Aires

Policy

Impact of research around criminal prosecution of trans and other gender non-conforming people for 'gender fraud' on Policy of Public Institutions and Human Rights Bodies:

Crown Prosecution Service - Rape and Sexual Offences Legal Guidance (Impact on redrafting 'Transgender Suspects - evidential considerations’ section, forthcoming)

Amnesty International - deepened Amnesty’s analysis of the human rights impact of state criminalisation practices. Amnesty now use the example of ‘gender fraud’ prosecutions in their capacity building and training around these issues (2016-)

Professional Practice

Impact on Criminal Defence Litigation Strategy in:

R v McNally [2013] EWCA Crim 1051 (Leveson LJ) (defence counsel: Tom Wainwright)

R v Newland 15/9/2015 (Unrept, Chester Crown Court) (Judge Dutton) (defence counsel: Nigel Power QC)

R v Newland 29/6/17 (Unrept, Manchester Crown Court) (Judge Stockdale) (defence counsel: Nigel Power QC and Tom Wainwright)

Culture

Public Lectures bringing ideas to life through David Bowie:

'Flirting with Fascism: The Thin White Duke, Art and Ethical Limits' (Warwick University January 2021). This lecture focused on the relationship between art, aesthetics and ethics. See https://www.youtube.com/watch?v=dndz5K3-caQ&feature=youtu.be

'Authenticity: What a Drag!' (David Bowie Festival, Dublin January 2021). This lecture focused on the relationship between in/authenticity and truth. See https://www.dublinbowiefestival.ie/catchup

'Cutting Up Bowie: The Burroughs Effect' (David Bowie Festival, Dublin January 2020). This lecture focused on the impact of William Burroughs cut-ups writing method on the creative output of David Bowie.

'Scary Monsters: the hopeful undecidability of David Bowie' (ASU, Phoenix; ANU, Canberra; QUT, Brisbane; Birkbeck Cinema, London (2016); Queer Up North Festival, Contact Theatre, Manchester; Keele University (https://www.youtube.com/watch?v=60D1Uv8CBWY); Edinburgh University (2017); Sheffield University (2018)) This lecture focused on the legal category, and social theory outsider template, ‘Monster.’

Other Arts/Cultural Events:

David Bowie World Fan Convention, Liverpool 2022: 'Why is David Bowie Important?' panel discussion with academic, Dr Bethany Usher, Cambo (John Cambridge, original member and drummer in David Bowie's band, Hype 1970), and Woody Woodmansey, drummer in Ziggy Stardust & the Spiders from Mars.

The Grand Exposition, Artists and Technologists Collective, Talbot Mill, Manchester, 2017: panel discussion regarding AI & utopias/dystopias.

Sick Festival, Contact Theatre, Manchester 2016: 'Fluid and Fractured Identities' panel discussion with poet, Lemn Sissay and peformance artist, Hetain Patel.

International Organisations

Research Supervision

I welcome enquiries from prospective PhD supervisees. However, please ensure that you have a research proposal which corresponds with the University of Warwick School of Law requirements.

I particularly welcome postgraduate research students in the areas of social and legal theory and/or gender, sexuality and law. A variety of PhD funding opportunities are available at Warwick.

Media

Social Media