A transgender man who has not fully transitioned has been jailed for sexually assaulting two women with unknown objects. Carlos Delacruz, 35, targeted two women by pretending to have sex with them using a ‘flesh and blood’ prosthetic penis. However, they suffered ‘extreme pain’ and thrush, not knowing what Delacruz was using to penetrate them. He was reported to police and arrested but made no comment during interviews.
However, during a medical examination in custody it was found ‘he did not have a penis’.
He has now been jailed for three years and given a five-year non-harassment order against the women and will be on the sex offenders’ registers indefinitely. His solicitor Cameron Tait revealed that he had been born female in Madrid in 1983 and moved to Scotland in 2010.
He changed his name to Carlos when he turned 16 having adopted a male appearance at the age of eight. Delacruz’s gender is now officially recognised as male on his birth certificate, passport and Spanish ID card. However, he has not gone through the full transition to male.
Mr Tait said that Delacruz had used a prosthetic penis during sex and that he ‘considers it to be part of him’. Sheriff Stirling told Delacruz he had caused ‘physical and psychological harm’ to both women by repeatedly sexually assaulting them with ‘a flesh and blood penis’ over the length of their relationships.
The sheriff said the first victim was ‘made to feel like it was her fault’ she was not falling pregnant to Delacruz and that ‘she now suffers flashbacks and panic attacks’ due to the incidents. Sheriff Stirling, who read the victim impact statements, said the woman ‘now feels dirty and used’ and that she was forced to move house to get away from him.
The second victim was said to have ‘bled for days’ after having sex with Delacruz around ten times over an eight-month period and currently suffers from ‘difficulty with sleeping and eating’.
Previously the court was told Delacruz had fooled the women after entering into long-term relationships with them by using the prosthetic when he had sex with them. Both women said they believed Delacruz had a real penis and that he refused to allow them to see him naked and always performed in bed with the lights out.
Fiscal depute Kirsten Cockburn told the court Delacruz had been in a relationship with both women at separate times between May 27, 2013 and May 14 last year.
Ms Cockburn said: ‘The accused was in a relationship with one of the women between May 2013 and January 2016 and they first had sex in May 2013. ‘She believed she was being penetrated by his penis. The accused does not have a penis.
‘She knew he was self conscious about his body and always wore a t-shirt. ‘[On one occasion] the accused turned his back [while in bed together] and she heard him with a [condom] wrapper. The accused turned around and inserted his penis into her. ‘During intercourse he would hold on to the base of the penis with his hand.’
The fiscal added Delacruz and the woman would have sex around once a month despite her suffering ‘extreme pain’ and only being allowed to touch his body ‘over his clothing’. ‘During their relationship the woman continued to believe he had a penis’, the fiscal added.
Ms Cockburn added the woman suffered from thrush following sex with Delacruz. The couple split up in January 2016 and the woman informed the police in May that year after she learned Delacruz had been lying to her and did not have a penis. Delacruz then began a second relationship with another woman in August 2016 after they met at work and after two months of dating they moved in together.
The second victim also ‘believed Delacruz had a penis’ and the couple always had the lights off during when they had sex. She also suffered ‘extreme pain from penetration’ during lovemaking and on the first occasion had to tell Delacruz to stop as she was bleeding. The couple then had sex around ten times over the course of their nine-month relationship and the woman also contracted thrush afterwards.
The relationship failed in May 2017 due to ‘financial matters’ the couple were having and the court was told the woman discovered Delacruz’s sordid secret the following month and decided to call in the police. Delacruz is now in a new relationship and his current girlfriend is aware that he uses a prosthetic penis during sex.