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Man beats rape rap after victim found to be a man

Published: 04 Jul 2012 09:00 GMT+02:00
Updated: 06 Jul 2012 21:10 GMT+02:00

“The intended crime never had the possibility of being fulfilled,” explained judge Dan Sjöstedt of the Örebro District Court to local newspaper Nerikes Allehanda.

When the 61-year-old man had tried to commit the rape in Örebro, he had no idea that the intended victim was born a man, and had been taking hormonal treatment to reach the “right” identity, wrote the paper.

After following the woman for some time, the would-be rapist was “brutally violent” in the "attempted rape", tearing off the victim's pants and grabbing at the victim's crotch, according to the paper.

The incident occurred in front of the woman's ex-boyfriend’s house, and it was him who came rushing to intervene. When police arrived, they arrested the attacker.

However, the court has ruled that the 61-year-old had intended to rape a woman, as he had been following her before the attack, making a conscious decision to rape her specifically. The man also referred to his victim as "she" throughout the court case.

As this woman was biologically a man, his intentions were impossible to commit as the rape could never be completed.

“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,” said Sjöstedt, adding that the case against rape was “invalid”.

"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,” he said, adding that he would appeal the decision if he were the prosecutor or the defence.

The 61-year-old was instead convicted of assault and sentenced to four months prison. The court also ordered the man to pay 15,000 kronor ($2,161) in compensation to the woman.

Editor's Note: a previous version of this article erroneously listed the 61-year-old's prison sentence as being four years long. The error has since been corrected.

TT/The Local/og

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Your comments about this article

10:59 July 4, 2012 by EP
So not even an assult charge because the guy turned out to be a man ... and Sweden prides itself on it's equality ... haha!
11:09 July 4, 2012 by Kalyissa
What the hell?????????

Even if it was a guy he still intended to rape someone surely that warrents a look?

Whats to say he won't get out of prison and then go on and actually suceed next time?

I feel awful for the poor victim. This judge has basically turned around to him/her (i'm not sure which was he/*she sees themself at the moment) and said they are worthless and not worth sending a man to prison for attempted rape over..
11:09 July 4, 2012 by tommy the cat
The 61-year-old is now convicted for assault. The punishment is four years prison and 15,000 kronor ($2,161) in damages to the woman.'

Perhaps you should work on priding yourself on your reading skills. Perhaps you'll blame that on Sweden too?
11:11 July 4, 2012 by e_life
Forgive my foul language.....but what kind of lousy judgment is that! A person is a criminal when they act on their intentions or urge to intentionally break the law. This guy acted on his urge to rape a person he thought was woman! Regardless of whether he succeeded in doing so or not and regardless of whether the woman turned out to be a man, he should still be held guilty under any humane law for attempted rape!
11:15 July 4, 2012 by robban70226
Do this mean that it is ok for a man to rape another man under the current deffinition of the law rape only apply to a man raping a woman..

Stupid... a rape is a violent act motivated by sex against another regardless on what they have between their legs.
11:20 July 4, 2012 by hipersons1
Uhhh, fun fact - a man can in fact rape a man ...
11:32 July 4, 2012 by Token-not-found
A man cannot rape a man and men can never be the victims - only the oppressors- Swedish sexism and feminism in action.
11:42 July 4, 2012 by Abe L
Nice precedent - It's ok to rape men and you can probably get away with raping a woman claiming you thought it was a man.
12:36 July 4, 2012 by SwedePea
@EP: Stop talking please, you obviously can't read. They said clearly he is now being tried for assault. Think before you speak. And stop throwing empty blame around, you look like a fool.
13:01 July 4, 2012 by dizzy09
hahaha...but still the man should have been convicted for attempted rape. isn´t that a crime? afterall a man can also be raped.
13:15 July 4, 2012 by procrustes
Hold on folks--think a minute before going-off half-cocked:

A) The man was found guilty of assault

B) The court wants the Appeals court to rule

I'm guessing that Swedish law does not comprehend same-sex rape, which the court wants the Appeals court to either fix or ask Parliament to address.

The court, in so far as my non-legal-trained mind can understand, made the correct judgement: the man is sentenced to four years and the Appeals court will have the opportunity to fix a hole in Swedish legal code.

Believing that the court does not understand that same-sex rape is reality is in my view silly.
13:18 July 4, 2012 by robban70226
@SwedePea

Maybe YOU should read the full article in Örebro's newspaper.

If you read the article in the NA.se you will read that the judge opinion was that

''He was quite sure that he attacked a woman. Men det var bara en slump att det visade sig vara en man. But it was just a coincidence that it turned out to be a man. Därmed finns det utrymme för att döma honom, säger Josef Zila. Thus, there is room to judge him, says Josef Zila.

I wonder if he turn him over and rape hin in the but, will that count?
13:27 July 4, 2012 by jesseblu
The judges reasoning is a bit crazy but sentencing is sound. If he had actually raped a women, his sentence would be something ridiculous like 2 years!
13:41 July 4, 2012 by EP
@SwedePea

The blurb about the fine was added to the article after my comment was posted. Blame the reporting and the fact that comments on The Local rather than me ...
15:08 July 4, 2012 by tombby11
Comment removed by The Local for breach of our terms.
21:09 July 4, 2012 by GLO
Rape is rape, but not in Sweden.
21:35 July 4, 2012 by bcterry
"I have a question here ... Why the wo/man did not resist !!! "

I have a question here, how in the hell do you know he/she didn't???
22:13 July 4, 2012 by dizzymoe33
Rape is Rape it doesn't matter if it happens to women only it also happens to men!! Come on Sweden wake up!!!
22:41 July 4, 2012 by foxpur
I think "rape" requires an attempt at entry... so technically no rape (altho it is possible to rape a male)... this should fall under "Attempted Rape" because there was
07:14 July 5, 2012 by prince T
After following the woman for some time, the would-be rapist was "brutally violent" in the "attempted rape", tearing off the victim's pants and grabbing at the victim's crotch, according to the paper.

I am trying to get this right. It means until sex actually committed it is no rape. though the dress was torn. this means if a passerby rescues the rapee from the rapist he would have gone scott free because the actually rape did not take place.
09:09 July 5, 2012 by johne3819
What if he was trying to pick up a 14 year old, since the undercover is 18+, wouldn't this also negate the crime?
14:16 July 5, 2012 by wilder125@gmail.com
Brilliant. Even countries that marry victims to their rapists acknowledge that a man can be raped.
19:29 July 5, 2012 by novaterra
she is a trans woman. which makes her a WOMAN.

she is not a man

she is not a he/she

she is not a shim

she is not an "it"

she is not a "woman" with ironic quotes around it

she is a woman. she identifies as a woman, she interacts with society as a woman, she very obviously got attacked as a woman, so please let us call her a woman.

the commentors, the judge, the especially the jerk who wrote and/or translated this article are all disrespecting this persons identity and feelings very much.

i'm also a trans woman and i know how she would want to be treated, and right now she is being harassed by the internet and by the legal system that is supposed to be protecting her.

I write this in the hopes that even one person will read it and learn something, and realize that misgendering someone purposefully is a hateful attack on their person. i hope that one person will go on to stand up for trans people in the future. i hope that person is you.
06:11 July 6, 2012 by prince T
@ novaterra

i dont know what your problem is. this person was a man in the process of becoming a woman. from what we read, the individual still has penis when the attack took place. please do not cry wolf here. no one has disrespected transgender person here and Noaterra wants to start it now.

i worked in a company very close to King cross station in London some 10 years ago. the organisation only make provision for the females that work late to take taxi home. to our suprise 2002. all the three members of staff dat were sexually assaulted outside of the work place were men. men do get raped especially in sweden.
19:34 July 6, 2012 by Adamantis
This article is however incorrect when it comes to the actual sentence. The 61-year old man got 4 MONTHS (plus 15.000 SEK) for the assault, not years as stated in the article. 4 months against 4 years is a huge difference.

@ tombby11: "I have a question here ... Why the wo/man did not resist !!! "

I have read the interrogations from the police with the 61-yo man. In that it says that the woman had in fact tried to kick the 61-yo man in his stomache to try to get him off.

In addition, if she has been on hormones for several years, her muscular structure will reduce and be more of a born female and she may therefor have been much weaker then her attacker.

@ prince T: In order to begin hormone treatments in Sweden it is required that you first receive a diagnosis of being transsexual. Therefore, even though she had not done the genital surgery yet (from what i understand she was/is only 19) she is till a transsexual woman.

Transsexuals are born with a brain of one gender but a body of the opposite gender. So what defines gender? Having a penis/vagina? Or the brain that is what tells each and everyone of us who we are? If a born male where to loose his penis in an accident, it doesnt make him a woman just cause he doesnt have a penis anymore.

Gender is much more complicated then black and white, we just simplify it very much in general society. About 1% of all born children are born with differences in their chromosomes (categorized as interssexuals) and might therefor not be 100% male or female. But in many cases it is however never noticed (could because of that be much higher then just 1%).
02:29 July 7, 2012 by strixy
What a moronic sentence!

So gay men do not rape each other then? Are you sure? Because I know that even in a country considered grossly backwards by many such as Poland men get sentenced for raping other ment or for intending to rape them.

But not in Sweden, the equality capital of the world?
03:26 July 8, 2012 by LSBeene
Sweden PRIDES itself on it's egalitarianism - so we are told in the "backwards non-enlightened" United States.

The feminists have legislated for women to get PREFERENCE - not equality.

Somehow, just since it was unimportant, like in the case of rape law, the Swedish feminists never got around to amending the laws regarding rape. Oh, wait they have advocated for updating the rape laws - but only for the protection of women - not men.

A simple law school question to make one thinks goes like this:

I decide that I hate my neighbor John Smith. So, I grab my gun, and head to his house with the full intention of murdering him. I break in late at night, and find John Smith's room, and see him on his bed, apparently asleep. I take aim and fire my gun, emptying it into John Smith.

It turns out John Smith died of a heart attack hours earlier, and I have just emptied my gun into a corpse. What crime, in relation to murder, can I be charged with?

Answer: Attempted murder. Although I shot a corpse, my INTENT was to kill John Smith. I brought a lethal weapon to John's house, aimed it at hm, fired it until the weapon was emtpy, fully intending his death.

The intention here was to commit rape. If the would be rapist was blind drunk and had broken into the intended victims house and attempted to rape a mannequin, thinking and intending it to be a woman, I could be charged with attempted rape.

Sweden isn't a modern egalitarian society - it's a nation in the thrall of PC one sided sexist laws enacted by feminists soley with the intention to provide for Sweden's WOMEN.

4 Months for "assault" is a joke.

Suppose his intended victim was black, but he thought she was white? Would that diminish his intention of rape?

PC ideology is backwards, divisive, one sided, and a false promise.
08:42 July 9, 2012 by hyperspace
Okay boys, cool it on the anti-feminist raving. Swedish law does not state that a man can not rape a man. In fact, the wording is completely gender neutral.

"A person who by assault or otherwise by violence or by threat of a criminal act forces another person to have sexual intercourse or to undertake or endure another sexual act that, having regard to the nature of the violation and the circumstances in general, is comparable to sexual intercourse, shall be sentenced for rape to imprisonment for at least two and at most six years." http://erlinghellenas.wordpress.com/2010/09/01/the-swedish-rape-law/

So, from this it is clear that regardless of the sex of the people involved, rape is rape. No sweeping misandrist conspiracies here. This is clearly a case of cis-sexism, so all you MRAs can stop co-opting the oppression of trans women, and misgendering them in the process.

They failed to press rape charges, not because men can't be raped, but because the perp would not have been able to rape this woman in the way he intended. Apparently there is a legal precedent for this in Swedish law where one can not be charged with attempting a crime it is impossible to commit. This case, however, is tantamount to somebody attempting a robbery and finding that the victim has nothing of value to steal. Since the intent was clearly to rob and someone was accosted in the process "attempted theft" seems like a reasonable charge. Likewise, this man should be charged with attempted rape, in addition to assault, despite the fact he didn't get what he was looking for.
06:37 July 10, 2012 by novaterra
genitals dont make you a man or a woman.
16:17 July 10, 2012 by LSBeene
Hyperspace,

Um, total fair on your part. When a victim comes in, they get a statement. On the form they fill out, they do things, like,oh, I dunno, ask "Male or Female".

In other words some random report does not appear at the police station minus statements from the victim, witnesses, forensic evidence, and any statements / confessions from the perp. THEN they make an arrest, oh, and THEN the DA decides what charges can be laid.

"The oppression of trans women" - um, the PERP did not know what the sex of the victim was.

So, in reality any MRA responses were not only valid, but warrented.

Oh, and, lol, btw, we don't need you to validate our calling out of blatant sexism within the Swedish justice system.
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