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If found guilty, Martinez could face up to 70 years in prison.Martinez’s public defender, Tracy Hucke, said at a previous hearing that her client identifies as a woman and uses the name Michelle.Cisgender people identify with the sex they were assigned at birth, while transgender people don't.Transgender is an umbrella term, containing men who are afab (trans men), women who are amab (trans women) and people assigned either sex that feel like both or neither genders (non-binary or genderqueer).
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In mid-October 2017, conservative journalists and bloggers sought to link a case of child sexual abuse to an ongoing debate about allowing transgender people to use the public restroom that matches their gender.
Proponents of so-called “bathroom bills”, legislating that transgender people must use the restroom of the sex assigned to them at birth, have spuriously argued that transgender women’s use of women’s restrooms puts children in danger of sexual abuse.
The person found guilty of this crime, Michelle (referred to as “Miguel” in local news reports) Martinez, was not a stranger in a public restroom but rather a family friend who allegedly raped the 10-year-old victim in a bathroom in the victim’s home.
As to Martinez’s gender identity, the Miguel Martinez faces one count of first-degree sexual abuse of a minor and one count of second-degree sexual abuse of a minor.