New York, July 6 (ANI): A Swedish man has been cleared of rape charges because the person he assaulted was "a man in women's clothes."
According to the website The Local, Orebro District Court judge Dan Sjostedt dismissed the rape charge citing the impossibility of a man intending to rape a woman being able to complete the act on a man, the New York Daily News reported.
The would-be 61-year-old rapist stalked and brutally assaulted a transsexual - forcing his target to the ground and kicking his prey in the face - because he thought the person was a woman, according to reports.
The victim's ex-boyfriend witnessed the assault from his apartment, ran outside and fought the man off with a shoe horn, reported the website.
He held the man down until police arrived.
The victim was dressed like a woman and has been on hormone replacement therapy to become a woman, but that doesn't make you a woman - despite being referred to as "she" throughout the trial - the court said.
"We believe that he wanted to rape this woman in particular. But, as she turned out to be a man, the crime never was actually committed," Sjostedt told a local newspaper.
He added that the case against rape was "invalid."
The man was convicted of assault and sentenced to three years in prison, according to the site. He must also pay almost 2,200 dollars in damages to his victim. (ANI)
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