But it doesn't address whether not disclosing being transgender falls under this.
Hm. That does bring an interesting point - *is* it rape by deception if you have any form of sex without knowing the person is trans? is this post or pre-op? Does it make a difference? It falls on a gray area.
I think that the victim thought - ok, he obviously likes me enough to let me give him head, maybe I should disclose that I am trans and see where it goes from here. The guy could've felt misled/betrayed and killed in a moment of passion... or is it temporary insanity? I dunno. But as with anything else, it's best to disclose anything you think may be a problem, like how it's generally encouraged to do so with STD/STI's.
Whether it was temporary insanity or a moment of passion, I am glad that justice was served.
Edit: What makes this more complicated though is that trans people have no way of winning. If they disclose they're trans, someone will want to beat them up / kill them for being trans. If they do it while in a date, there's a very real danger of being hurt or worse, killed. So, it's a very tough and complicated situation to be in, I imagine. Personally, if someone told me they were trans I'd be super appreciative for the honesty. I don't know how I'd feel about it if being told after I had sex with her, though. Certainly not what that guy did, but I can't imagine not being upset.