Man Cleared Of R8pe Because Victim Was Transgender

Dec 8, 2004
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#1
A Swedish judge cleared a man charged with **** because the victim was a transgender woman with male genitalia.
From The Local:
A man who attempted to **** a woman has been cleared of the charges by a Swedish court after it turned out that the woman he tried to **** was actually a man.​
Prosecutors said the defendant was “brutally violent” in the "attempted ****", tearing off the victim's pants and grabbing at the victim's crotch, according to The Local's translation of Sweden's Nerikes Allehanda newspaper.
But because the victim had a penis, "The intended crime never had the possibility of being fulfilled,” Sjöstedt explained.
The unnamed defendant was found guilty of assault.
The ruling infuriated Hyper Vocal's Cooper Fleishman:
"More than anything, this case highlights the sheer absurdity of the double standard with which we treat male victims of domestic violence and sexual assault. Changing the verdict solely because of the victim’s genitalia is like switching a grand theft auto charge to petty theft because the car happened to be blue when the thief thought it was green."​
Queerty's Benji Douglas added, "In essence, the judge ruled that it’s not possible to **** trans women."

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Falldog

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#2
Wouldn't it have been attempted ****?
 

whiskeyguy

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#8
Yeah, men can still **** other men. I kinda get the logic otherwise... if you torch your ex-wife's home late at night not knowing she choked to death an hour earlier, you never had the ability to murder her, so attempted murder would be tough to prove. I guess that's the point the judge was making... this man's goal was to **** a woman, which was impossible to do in this situation.
 

whiskeyguy

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#11
You can stop right there because that's all the law should be concerned with.
Yeah I get what you're saying, but I think there has to be an ability to break the law you're being charged with. I'm not saying this fucker shouldn't go to jail for assault, but from a legal standpoint there probably is an argument to be made here.
 

Lord Zero

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Aug 25, 2008
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#12
Yeah I get what you're saying, but I think there has to be an ability to break the law you're being charged with. I'm not saying this fucker shouldn't go to jail for assault, but from a legal standpoint there probably is an argument to be made here.
1) He can still :rap: dude's mouth and ass so he does, in fact, have the "ability to break the law" in this case.

2) He should be charged with attempted :rap:. Even if he couldn't :rap: dude, he still attempted to.

3) He didn't know that he "couldn't" :rap: dude.
 

whiskeyguy

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#13
1) He can still :rap: dude's mouth and ass so he does, in fact, have the "ability to break the law" in this case.

2) He should be charged with attempted rape. Even if he couldn't rape dude, he still attempted to.

3) He didn't know that he "couldn't" rape dude.
They'd have to provide he intended to **** the guys mouth/ass though. I'm not positive on this issue, but from my criminal justice classes 8 years ago I seem to remember that there must be an ability to carry out the crime. Going back to the murder example I gave, if the victim is already dead, there's no possible way to commit the crime of murder, so thus attempted murder is off the table also. This story is a little more up to interpretation than that, but I think that's the logic they used.
 

Lord Zero

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#14
They'd have to provide he intended to **** the guys mouth/ass though.
The intent to :rap: was clear regardless of the specifics. That's irrelevant, though, because he didn't know it was a guy. As far as he knew, he had the ability so whether or not he actually did has no bearing on this case.

I'm not positive on this issue, but from my criminal justice classes 8 years ago I seem to remember that there must be an ability to carry out the crime.
Keep in mind that this is a Swedish criminal case, not an American one. The laws are different there.

Going back to the murder example I gave, if the victim is already dead, there's no possible way to commit the crime of murder, so thus attempted murder is off the table also. This story is a little more up to interpretation than that, but I think that's the logic they used.
It doesn't matter what orifice he planned to violate. Any instance of non-consensual sexual intercourse is rape. If the victim had been held down and blown against his will, that would still be a rape.
 

transit grinder

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Apr 16, 2008
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#16
If the girl was actually a girl, she would have been *****.

Dude's a scumbag. And so are the people that let him walk.
 

Stig Helmer

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Apr 18, 2012
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#17
They'd have to provide he intended to **** the guys mouth/ass though. I'm not positive on this issue, but from my criminal justice classes 8 years ago I seem to remember that there must be an ability to carry out the crime. Going back to the murder example I gave, if the victim is already dead, there's no possible way to commit the crime of murder, so thus attempted murder is off the table also. This story is a little more up to interpretation than that, but I think that's the logic they used.
Yes that is how they reasoned. It is going to be repealed. But I do think there still is a possibility for ****. There have of course been manrape before. As a matter of fact there was one recently. I don't think this man would be picky either. He is originaly from Eritrea and people from non-western countries often believe that it is only a homosexual if you are at the receiving end. To penetrate is seen as a male act, and so cannot be homosexual.
 

Lord Zero

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#18
Yes that is how they reasoned. It is going to be repealed. But I do think there still is a possibility for ****. There have of course been manrape before. As a matter of fact there was one recently. I don't think this man would be picky either. He is originaly from Eritrea and people from non-western countries often believe that it is only a homosexual if you are at the receiving end. To penetrate is seen as a male act, and so cannot be homosexual.
Where are you originally from? English obviously isn't your primary language.
 

Stig Helmer

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Apr 18, 2012
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#19
Sweden.

I am used to be able to edit posts so I can correct misstakes in grammar and wording. Can't do that yet on Wackbag.
 

Ballbuster1

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#21
Not for nothing but whether it's a cunt or some dude's bung hole,

if they're saying no while you're shoving it in, it's still :rap:.
 

mascan42

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#23
I guess it kinda makes sense if the guy tore off his/her pants, saw a cock, and gave up. If his initial intent was to r8pe, and then he changed his mind once he saw what he was getting into and just decided to beat the shit out of him/her, does it still count as attempted r8pe?
 

Lord Zero

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#24
I guess it kinda makes sense if the guy tore off his/her pants, saw a cock, and gave up. If his initial intent was to r8pe, and then he changed his mind once he saw what he was getting into and just decided to beat the shit out of him/her, does it still count as attempted r8pe?
Legally? I have no idea. Lawyers live in their own little worlds. But in my mind? Yes, without question.
 

CougarHunter

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#25
I bet the discovery of the twig n berries was quite the show stopper.