Man acquitted of rape because woman turned out to be transsexual man

A Swedish man was acquitted of rape charges because his victim was not a woman but a transgender man.

District Court Judge Dan Sjostedt dismissed the rape charge citing that if the man new that the rape victim is not a woman but a man he wouldn't have committed the crime.

The 61-year-old rapist stalked and brutally assaulted a transsexual man forcing him to the ground and kicking his victim in the face because he thought the person was a woman, according to reports.

The victim's ex-boyfriend saw the assault in his apartment, he ran and the man fought with a shoehorn, the news media reported. He held the man until police arrived.

The victim was dressed as a woman and has been on hormone replacement therapy to become a woman, but that does not make him a woman despite being known as a "she" throughout the trial
the court said.

According to reports, the judge said "We believe he wanted to rape this woman in particular. But as she turned out to be a man, the crime was never actually committed."

The man was however convicted of assault and sentenced to three years in prison, according to the news media. He must also pay almost $2,200 in damages to his victim.

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