A Swedish judge, Dan Sjöstedt of the Örebro District Court, has decided that ore-operative transwomen cannot be raped. Sjöstedt's explanation?
The intended crime never had the possibility of being fulfilled.
A 61-year-old man attempted to rape a victim, who had been born a man but had been transitioning to a woman and was on hormone therapy. After stalking the woman for some time, the perpetrator grabbed the transwoman in front of her ex-boyfriend's house, tore off her pants, and grabbed at her crotch. The perp believed the victim to be a woman, referring to her as "she" during all proceedings and had made a conscious decision to attempt to rape her.
But the judge has ruled that Swedish law says that only women with vaginas can be raped.
We believe that he wanted to rape this woman in particular. But as she turned out to be a man, the crime never was actually committed.
There are different theories about how this should be handled, and so we’re looking forward to seeing the verdict from the Court of Appeals.
--Sjöstedt
The attack was terminated when the woman's ex-boyfriend observed what was happening and rushed to her defense.
The perp was convicted of assault and sentenced to 4 months in prison and a fine of approximately $2161, payable to the victim.
The victim has appealed the decision. The Swedish justice system allows victims to appeal decision as well as the accused.
People sometimes question what I say when I tell them that human culture considers us subhuman. What other conclusion can be drawn?