2. I'm decrying the fact that laws denying the difference between the sexes also set the precedent for denying that sexual assault exists. That defense hasn't been tried yet afaik, but the precedent is there.
Point being absolute legal equality and fungibility is a denial of dimorphism. If the law has decided it can't recognize the difference in the most basic, fundamental function of that dimorphism, then it can't recognize it in the more trivial matters.