The Örebro District Court in Sweden tossed out an attempted rape charge brought against a "brutally violent" 61-year-old man because the person he assaulted was "a man in women's clothes."
"The intended crime never had the possibility of being fulfilled," judge Dan Sjöstedt told a local paper.
Though the victim was actually a trans woman, the court refused to recognize her as such, instead referring to her as "a man."
"We believe that he wanted to rape this woman in particular," Sjöstedt said. "But as she turned out to be a man, the crime never was actually committed." According to the judge, the attempt is invalid not because of the victim's sex but because his intent was to rape a woman.
The attacker was ultimately convicted of assault and faces four years in prison. The victim and her lawyers are expected to bring the case before the Court of Appeals.
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