A Swedish man has been cleared of attempted rape on a transsexual — because he had intended to rape a woman.
Örebro district court ruled that as it turned out that she was a he, the charge is invalid as the intended crime could not be committed.
The 61-year-old man followed the victim, who was dressed in women’s clothes, and attacked her outside her ex-boyfriend’s house.
The man brutally assaulted her, forced her to the ground and kicked her in the face before ripping off her trousers and removing her underwear, attempting to rape her.
The woman’s ex-boyfriend witnessed the attack from his flat and ran downstairs and fought off the attacker with a shoehorn and detained him until the police arrived.
He was arrested at the scene and charged with attempted rape.
She was dressed as a woman during the attack and was referred to as a woman throughout the court hearing.
In addition, the court heard, the victim has been on hormone replacement drugs for years in order to physically become a woman.
However, the fact that she still had male genitalia meant that the attempted rape could never have led to rape, the court said.
“The district court has ruled that the accused would never have been able to carry out the planned criminal activity as he was attempting to rape a woman.
“From a judicial perspective there are valid and invalid attempts.
“You cannot for example murder a murdered person as the crime has already been committed. But where the line is is a bit vague.”
When questioned by Swedish newspaper Aftonbladet Judge Sjöstedt said that although rape is not defined by the sex of the victim in this case the district court has presumed that the 61-year-old’s ‘criminal plan’ was to rape a woman.
“The ruling is open to criticism and I assume prosecution will appeal and it is possible that the Court of Appeal would change the sentence, but it is a much debated and intricate line.”
The 61-year old was sentenced to assault and given four months in prison and ordered to pay damages to his victim 15 000 Swedish kronor (£1 380). — Daily Mail.