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Visa fullständig version : Question on Swedish law in Assange case


Xenotyp
2010-12-08, 12:12
Hello,

in blogs and other media all around the world, it is stated that Juloan Assange is accused for rape because of either one of the following reasons:

- The condom broke either accidentally or intentionally
- Assange removed the condom during the act
- Because of one of the above reasons, the woman told him to stop but he continued and the woman mysteriously failed to end it although not forced to continue by him
- He slept with the other woman while she was sleeping

I do not want to discuss whether or which of these arguments are true.
My question is, if the reasons the media provide are actually covered by Swedish law.
I know that the fourth reason is a crime covered by the Swedish Penal Code, but I don't know for the others. Can anyone help me?
Thanks in advance.

Regards,
Xenotyp

AndersLindbäck
2010-12-08, 15:37
For it to not be rape it has to contain consent. If one of the involved didn't consent to intercourse without a condom it might be considered rape.

The womens laywer is a wellknown former goverment official handling discriminations cases and he is often seen in the media. The prosecutor is know for going hard against sex crimes. So they might want to expand the case law on this subject matter by pushing this case hard.

Don't know any existing case law concerning this. But for two people with an agenda and ambitions it would be a good case to use as a test case. Don't think many would consider going to the police with these kind of incidents. Even if they don't get him convicted it will certainly start a discussion of where the line should be drawn.


I am not a lawer.