Yes, in post 544 I said it doesn’t matter.
However that will probably be part of their defense, that a “non-female” was in the women’s bathroom...
It’s a tricky line to try though, because it leads right to “hate crime” too...
Its a tricky line to try though, because it leads right to hate crime too.
The perps are hosed no matter how this thing goes, but a good prosecutor will keep the jury's attention fixed on the central act in this crime, and keep the side issues where they belong.