Gavel (© Tom Grill/Getty)

Judge drops attempted rape case due to transsexual victim

7/6/2012

A Swedish court apparently doesn't think that a biologically male individual can be raped. Case in point: A 61-year-old Swedish man was cleared of attempted rape charges because his victim, a woman whose pants he allegedly tore off with brute force, turned out to be a male-to-female transgendered person whose anatomy is still technically that of a male. Judge Dan Sjöstedt of the Örebro District Court told a local paper that since "the intended crime never had the possibility of being fulfilled" — the "intended crime" being a sexual assault on a biological woman — this rape case is rendered invalid. The man was convicted of assault, which gets a four-year prison sentence, but we're still baffled by this judge's legal loophole.

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What do you think of the judge's interpretation of rape?