Court rejects transgender rape acquittal
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.
The 61-year-old man was “brutally violent” in the attack, which took place last summer, tearing off the victim's pants and grabbing at her crotch
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."
The Local/dl
Comments
See Also
The 61-year-old man was “brutally violent” in the attack, which took place last summer, tearing off the victim's pants and grabbing at her crotch
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."
The Local/dl
Join the conversation in our comments section below. Share your own views and experience and if you have a question or suggestion for our journalists then email us at [email protected].
Please keep comments civil, constructive and on topic – and make sure to read our terms of use before getting involved.
Please log in here to leave a comment.