It's because, logically, anyone who commits these crimes is not "really" trans or gender non conforming, no matter what they say.
It is lterally impossible for a trans or gender non conforming person to commit this type of crime as by definition if they commit this crime they are not trans or gender non conforming.
No matter what they say / self ID as / internal feelings.
And no matter of what Jess Thingy may have been up to with "her" thingy. At the bus stop. Or at the open plan office desk. Etc.