A man accused of attempting to rape a woman has been cleared by a court in Sweden because the victim was transgender.
Örebro district court heard how the 61-year-old defendant followed the trans woman, who was dressed in traditionally female clothes, and brutally attacked her outside her ex-boyfriend’s house.
After forcing her to the ground he attempted to rape her, tearing off the victim's pants and grabbing at her crotch
However, judge Dan Sjöstedt ruled that the attempted rape charge was ‘invalid’ because the accused was transgender.
The fact that she still had male genitalia meant the ‘intended crime never had the possibility of being fulfilled’.
He said: ‘The district court has ruled that the accused would never have been able to carry out the planned criminal activity as he was attempting to rape a woman.
‘From a judicial perspective there are valid and invalid attempts.
‘You cannot for example murder a murdered person as the crime has already been committed. But where the line is is a bit vague.’
The man was jailed for four months for assault and ordered to pay 15,000 Swedish kronor ($2,154) in damages to the victim.