Virginia Appeals Court Sends Transgender Locker-Room Case Back to Trial

The Virginia Court of Appeals has vacated an Arlington County Circuit Court judge’s March decision to throw out loitering charges against Richard Cox, a registered child sex offender who identifies as transgender. Prosecutors argued that the judge dismissed the case without first determining whether Virginia’s loitering statute was unconstitutional in the specific context of Cox’s alleged entry into female locker rooms.

The appellate court agreed, stating that a proper analysis of Cox’s conduct must precede any broader constitutional ruling. Cox, who also faces indecent exposure, indecent liberties with a child, and other charges, will now stand trial again in the 17th Judicial Circuit. He has waived a public defender and is self-representing on several counts.

The trial, originally set for April 20, was postponed and is expected to last about ten days when rescheduled. Cox remains incarcerated in the Arlington County jail after a prior conviction for child-pornography possession.