Swedish rape trial controversy
Xiao Zen 2015/01/29 06:55
Xiao Zen 2015/01/29 06:55
Earlier this month in Sweden Judge Larson acquitted a man accused of rape saying "its only rape if he thinks it is" sparking widespread controversy and protests.
I'll summarize the facts of the case:
The victim yelled "no" so loud she lost her voice. “I expressed very clearly that I didn’t want to, so there was no way he could misunderstand me.†She told investigators. He allegedly responded by becoming more aggressive, slapping her face and covering her nose and mouth so that she couldn’t breathe.
The defendant said “I recognized the way she said no as part of the sex.†(I assume he means roleplay?) Perhaps even more disturbingly he added that he“recognized it from other girls.â€
The judge ruled, "If the thought had not occurred to him, that she did not want to have sex with him, then he didn’t have any intention to do what he did.†In other words the accused couldn’t possibly be guilty of rape unless he intended to rape.
In Sweden intent is necessary to prove a crime, without intent then there is no crime and so according to current Swedish law the judge is not incorrect in his judgement. The Judge further said "No judge in Sweden should feel pressured by potential media fallout in difficult cases. If what is happening right now in mass and social media has the potential to scare less experienced judges, we're on a dangerous path."
The case has sparked numerous rallies and attempts to have the law reformed although these attempts are facing difficulties and opposition from the current government.
Source: http://www.thelocal.se/20140124/momentum-grows-for-swedishrape-law-reform
I'll summarize the facts of the case:
The victim yelled "no" so loud she lost her voice. “I expressed very clearly that I didn’t want to, so there was no way he could misunderstand me.†She told investigators. He allegedly responded by becoming more aggressive, slapping her face and covering her nose and mouth so that she couldn’t breathe.
The defendant said “I recognized the way she said no as part of the sex.†(I assume he means roleplay?) Perhaps even more disturbingly he added that he“recognized it from other girls.â€
The judge ruled, "If the thought had not occurred to him, that she did not want to have sex with him, then he didn’t have any intention to do what he did.†In other words the accused couldn’t possibly be guilty of rape unless he intended to rape.
In Sweden intent is necessary to prove a crime, without intent then there is no crime and so according to current Swedish law the judge is not incorrect in his judgement. The Judge further said "No judge in Sweden should feel pressured by potential media fallout in difficult cases. If what is happening right now in mass and social media has the potential to scare less experienced judges, we're on a dangerous path."
The case has sparked numerous rallies and attempts to have the law reformed although these attempts are facing difficulties and opposition from the current government.
Source: http://www.thelocal.se/20140124/momentum-grows-for-swedishrape-law-reform
detrimentum 2015/02/02 05:06
I fully agree with you. And its very unfortunate.
but we shouldn't give up just yet.
latrine: ............this country, as beautiful as it is..as much as i love my land an ppl...as much as i enjoy the beautiful oceans that we safricans love..as our beautiful lush country sides take our breath away..as the wild animals that roam...this is home.. but our laws ,rather the ppl protecting our laws are as strong as the paper its written on
I fully agree with you. And its very unfortunate.
but we shouldn't give up just yet.
it is a compliment an you are correct in taking it as one....
Replies: 23
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