A Swedish man accused of attempted rape has been acquitted on the charge because the victim was a transgender woman.
Judge Dan Sjöstedt of the Örebro District Court determined that the charge was “invalid”. He said, “The intended crime never had the possibility of being fulfilled,” because the victim is technically male.
Reports said that the crime was “brutally violent” in nature and that the 61-year-old perpetrator was unaware that the victim was transgender. The incident occurred in front of the victim’s ex-boyfriend’s house, where the assailant reportedly tore off her clothes and reached for her crotch. It was broken up shortly thereafter when the victim’s ex-boyfriend intervened.
Despite the quashing of the attempted rape charge, the 61-year-old man did not escape punishment and was convicted of assault. He was slapped with a fine of SEK 15,000 (EUR 1,747) and faces up to four months in jail.
Meanwhile, the transgender woman has since vowed to file an appeal on the judge’s ruling. Her lawyer, Gun Brodd Hedlund, said told the TT news agency, “We will appeal, of course. Sexual violence can happen in many ways, it doesn’t need to be vaginal. The limits of attempted rape were passed when he attacked her.”