He went on the say that "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."
Throughout the trial, the judge referred to the victim as Her and She, but clearly missed the point that she didn't need a vagina to be raped. And she didn't escape the rape because the attacker couldn't "complete" it, but rather, because her ex-boyfriend saw the attack from a window and came to her aid; fighting off the attacker and then holding him down until police arrived, according to The Local.
While the man was convicted of assault, he should have also been convicted of attempted rape.