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 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)
The Swedish are idiots. The judge's analogy to a murder case made no sense. His itent was rape although he was unable to complete the crime because his victim was missing some vital anatomical details.
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