Court rejects transgender rape acquittal
Published: 16 Oct 12 08:28 CET | Print version
Online: http://www.thelocal.se/43844/20121016/
The acquittal of a man who was charged with raping a transgender woman has been overturned after an appeals court overruled a lower court''s finding that the rape was "impossible" because the victim was still biologically a man.
- Transgender woman appeals rape acquittal (6 Jul 12)
- Man beats rape rap after victim found to be a man (4 Jul 12)
However, he was acquitted of the attempted rape charges by the Örebro District Court, which deemed the allegations to be “invalid”.
“The intended crime never had the possibility of being fulfilled,” explained Judge Dan Sjöstedt to local newspaper Nerikes Allehanda at the time of the acquittal in July.
The victim appealed the ruling, however, and on Monday, the Göta Court of Appeal convicted the 61-year-old of attempted rape, Sveriges Television (SVT) reported.
While the appeals court partially agreed with the district court's ruling that the rape could never have been fully consummated because the victim was still physically a man, the court nevertheless found that the 61-year-old intended to carry out the rape.
Furthermore, the victim "looked like and dressed completely like a woman" and as a result, the 61-year old's rape attempt "is worth taking seriously".
With the conviction, the man was sentenced to 15 months in prison and ordered to pay compensation of 40,000 kronor ($6,000).
"It's a relief to get a conviction; the punishment is in line with what I had asked for," prosecutor Eva Grandestedt told SVT.
"This ruling shows that you can convicted for attempted rape regardless of the gender identity of the victim."
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This sentence is hardly a deterrent to those inclined to sexually assault women, men or transgendered people. I imagined that Sweden was more enlightened.
The not-rapist should feel safe now dropping the soap in the shower.