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Carlos Delacruz, 35, from Falkirk, had been sentenced to three years behind bars on sexual assault charges. A man with no penis who used an artificial sex organ to have intercourse with two women has won a legal battle to be freed from jail. Carlos Delacruz, 35, snd Falkirk, had been jailed for three years in September on sexual assault charges.
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Edinburgh Sheriff Court court heard how Delacruz, who was born female, pretended to the women that he had a penis. He changed his name to Carlos at 16 in his native Spain and was legally declared male at 25even though he had man and two women having sex had penis surgery and used a prosthetic. But he did not reveal his past to his victimsone of whom he dated for nearly three years from May to January She fretted about failing to get pregnant during this period, the court heard.
Delacruz didn't have their consent to use an object to penetrate them, and he pleaded guilty to sexual assault. Sheriff Alison Stirling sentenced him to three years in prison because she believed that custody was the only disposal available hawian lesbians. The appeal judges instead imposed a three year community payback order on Mr Delacruz and ordered him ans perform hours community service.
They imposed the order after hearing from defence advocate Shelagh McCall QC who argued that people who had committed similar offences had avoided prison sentences. Lady Paton said: During proceedings earlier this year, the court heard how Mr Delacruz told his victims that he was self-conscious about his body and preferred to keep the lights off.
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When the matter was reported to the police in May last year Delacruz was examined and found to have no penis. Delacruz, admitted having sex with one woman between May and Januaryand with the other woman between August and Maywith an unknown object without their consent.
Defence lawyer Cameron Tait said that from the age of eight or nine his client began anx have a male physical appearance and was declared a man when he was Sunshine coast male strippers Tait said that the relationship with the two women had been loving but he had used a prosthetic penis, of which neither woman had been aware.
Passing sentence, Sheriff Stirling referred to remarks Mr Delacruz allegedly man and two women having sex a social worker who had been commissioned to write a report into his character.
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She said: On Womn, Ms McCall told the appeal judges that Sheriff Stirling had misunderstood her client's position and that this misunderstanding had resulted in her imposing an 'excessive' sentence. She said that he had told the social worker that he accepted that he should have obtained consent from the women to use an artificial penis.
Ms McCall also said that Mr Delacruz knew that he didn't have an hwo right to have sex using a prothestic. She added: Wilson, who was then wife in brazil 25, was ordered to carry out hours community service for posing as a man to two teenage girls and having sexual relationships with.
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Ms McCall said the Wilson case and other similar cases showed that Mr Delacruz could have been given an alternative sentence to custody. She also said her client had been assessed at being a low risk of committing another sexual offence.
The appeal judges then agreed to quash the jail sentence given to Mr Delacruz, who observed proceedings via video link from prison. By James Mulholland. Carlos Delacruz did not tell two women that he didn't have a penis, and used an artificial organ during sex Get the biggest daily news stories by email Subscribe We will use your email address only for the purpose of sending you newsletters.
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