pompeii
Posts: 934
Joined: 1/4/2007 From: Silicon Valley, San Jose, California Status: offline
|
In the United States, for a criminal act, I would wager the judge or jury would first consider the legal birth certificate designation, then the history of the individual (e.g., dress, manner, what friends call them, etc.), and most importantly, I would think, the legal team would "portray" that person as what each side thinks they are. If the prosecution thinks one way, they'd gather up evidence where the individual "acted" that one way. In contrast, the defense would gather up volumes of situations where the individual acted the other way. In summary, I would think, in the USA, it could perhaps fall upon the preponderance of evidence not of what primary or secondary sexual characteristics were being enjoyed at the time the police say the act occurred but, of the manner in which the person acted in a reasonable time frame prior to the act.
|