• Sweden edition
 

Boy convicted for sex with 13-year-old girlfriend

Published: 27 Jul 2011 15:44 GMT+02:00
Updated: 27 Jul 2011 15:44 GMT+02:00

In a ruling handed down on Tuesday, the Court of Appeal for Skåne and Blekinge overturned an acquittal issued by the Helsingborg District Court in May, the local Helsingborg Dagbladet (HD) newspaper reported.

Even though the boy claims he and the girl had consensual sex, the appeals court ruled that there is no proof that the sex was indeed consensual and that it's not clear the sex wasn't an attack against the 13-year-old girl.

According to the court, the age difference between the two teens is great enough that the 15-year-old boy must be held accountable for his actions.

The boy was charged with sexually exploiting a child after police learned that he and his 13-year-old girlfriend had sex back in February.

The girl later divulged the affair to her mother, who then reported it to police.

The boy has denied committing any crime, claiming that he and his girlfriend were in love with one another and that the sex was completely voluntary.

However, the 13-year-old girl is of a different opinion, HD reported.

Previously, a divided district court had accepted the boy's version of events, taking the view that the age difference between the boy and the girl was insignificant and ruling there was no evidence that he forced the girl to have sex.

At the time of the incident, the girl was 13 years and 10 months old, while the boy was 15 years and 5 months.

According to Swedish law, the age of consent is 15 and anyone who has sex with someone younger than 15-years-old can be charged with sexual exploitation of a child, or, in more serious cases, child rape.

Like the district court, the court of appeal was divided in its ruling, with one lay judge arguing the boy should have been acquitted.

Nevertheless, the court convicted the 15-year-old, sentencing him to community service.

The Local/dl (news@thelocal.se)

Your comments about this article

16:34 July 27, 2011 by update-2011
so it's normal to have sex at age 15 and above?I think 15 is toooooooooo young
16:50 July 27, 2011 by jacquelinee
quote from a govenment offical on 12 june 2011 " 'Boost sex ed in Swedish schools'

Great idea! Then we can be reading NEXT year- "Should a 13 year old boy be put in juvenile detention for having sex with his 11 year old girlfriend?
17:05 July 27, 2011 by Shibumi
@jacquelinee - you are very much mistaken. The evidence shows that sex ed is linked to teens choosing to DELAY sexual activity...

From

http://www.sciencedaily.com/releases/2007/12/071220231428.htm

"Sex education greatly boosts the likelihood that teens will delay having intercourse."

"Male teens who received sex education in school were 71 percent less likely — and similarly educated female teens were 59 percent less likely — to have sexual intercourse before age 15."
17:27 July 27, 2011 by unseen
@HYBRED,

my wife (my girlfriend then) and I both belong to that very culture you indicated. first time we had sex, she was 16 and i was 17. since then, we regularly used to have sex, enjoyed our life and moved on. she is a Tikreity the well known (back home) family name. her family never killed her; she is just next to me right now, waving her hand to you, so you stop worrying :P
17:51 July 27, 2011 by HYBRED
I am not worried. But as you know, some have not been as lucky as your wife.
18:30 July 27, 2011 by Gamla Hälsingebock
If a 13 year old girl initiates/forces sex with a 15 year old boy, would he still be the "bad" one?
19:28 July 27, 2011 by Abe L
I'm wondering what percentage of 15 year olds is aware of these rules and regulations. Let alone what percentage of parents having 15 year olds is. I for one didn't know this, I assumed that consensual intercourse with anyone under 18 would default to the elder going to jail. Especially with Sweden's out of the ordinary laws on intercourse to what is considered rape, as with the recent Julian Assange incident.

I personally find it hard to judge when this happens between "children", even though one due to age being the guilty one. These are children, not adults, they probably had no idea about the implications and law breaking. I would personally prefer to have the law state that when this happens between children there is no guilty one and have the age for legal consensual intercourse at the same of what you would otherwise be considered an adult (16 or 18). Simply not allowing intercourse between a minor and an adult. On the other hand, making it the responsibility of the parents for these things not to happen between children if they don't want it to.

It would be a deep shame if this kid's future is now completely ruined due to something he considered as innocent experimenting at the time.
19:56 July 27, 2011 by lovedealer76
The judge is not fit for purpose,this is something for common sense to be apply here and so far the judge have just used nothing but anger on this boy.

I'm a 35yrs old with my level of coomon sense,which i thing is decent enough won't charge a 15yrs old for something as such,only if the girl in question says she was force by the 15yrs old,the judge must be having a daughter too,so by looking at the girl in question,he can't help but imagine,what if this might have been my daughter,that's how it look's to me
20:13 July 27, 2011 by Tennin
It's ok when a 45 year old coach sleeps with his 15 year old athlete, Because she was over the age of consent. They need to raise the age.
20:22 July 27, 2011 by dan_sparrow
i can see this correct if the guy was over 18 but c´mon he´s only 2 year older than her... there´s no difference almost...

the kid´s parents should go against this cuz, in a future this boy is going to be in big trouble, we all know about the bullys , i dont think he´s going to have good time in school when everybody see him as a "rapist"
20:25 July 27, 2011 by cutthecrap
Sweden is now a multicultural country, so I guess that the age of consent in a multicultural country should be lowered to take account of the muslim culture where brides as young as seven are allowed. It would be a great pity to offend the muslims. I don't know how Swedish people would view this challenge to what used to be their culture, but the politicians are very keen on multiculture to be adopted by society.
21:11 July 27, 2011 by haileabel
he may have to serve 2 years
21:25 July 27, 2011 by colombianska_tjej
I think that this is too much. The girl was 13, the boy was 15, I'm pretty sure that they were just experimenting. To put such a serious charge to a boy that probably don't know for sure what he was doing, is ruining his future life, as he will find very difficult to find a job and will face rejection if people manages to know that such a charge is in his CV.

Is good to have a limit age for consented sex, but when both are under that age, then the law should not be applied with full force, but considering the case

just my 2 cents
22:02 July 27, 2011 by jacquelinee
@ Shibumi

I read the article for your link...and I agree 100%. However, sex education in Sweden may be a tad different. I will quote excerpts from a news article from 2011. However, I can not name the News source or this post will be promptly deleted as the source does not like to be quoted. We will see how long the source lets it stay...here goes.

Swedish Sex-ed Film Reported To Police Over Teen Sex Scenes

The 30-minute film is the first sex ed film produced for Swedish schools for 25 years. While animated, many of the film's drawings are nevertheless quite detailed. The film also includes scenes featuring teenagers engaging in sexual activity with one another.

According to the complaint, the film depicts minors having sex and is directed toward Swedish high school students and thus qualifies as the crime of "leading youth astray."

AND these excerpts from another article in the same source from 2011...

A class of grade eight students in southern Sweden was asked to write essays about their sexual fantasies and experiences for a school assignment.

The comments came after a class consisting primarily of 14-year-old students

received a rather unusual writing assignment for their Swedish lesson.

Entitled "The First Time" (Första gången), the assignment instructed students to imagine they were talking to a close friend and write about the past sexual escapades they might divulge in confidence.

Other options included making up a story about their first sexual experience, writing about the first time they had sex or how they hoped their first time would be.

Getting high marks required writing at least a half page and with "passion," according to the parent. The assignment made several students so uncomfortable, they told their parents about the request to write sexually themed essays.

"Can they really do this? As a parent, it doesn't feel right and it irritates me that we're talking about a graded assignment in a Swedish-language lesson," said the parent, who wished to remain anonymous.

A teacher from the school expressed surprise that the assignment had upset parents, claiming that most students appreciated the exercise, which was part of a cooperative effort between the biology, sex and well being, and Swedish-language departments.

@Shibumi Still think it¨is cool to have them taught sex ed in Sweden?
22:55 July 27, 2011 by Ivan Juric
They should of both been educated with discretion as to the consequences of what they were doing but instead the femo-nazis have demonstrated that they don't see age as a problem in the way they deal with males..hypocrits.
00:14 July 28, 2011 by johnny1939
This is so common these days that I am surprised the police even bothered.
00:29 July 28, 2011 by Learner2011
Most of world's problems in health, cultural, economical, crimes...etc are because of women or at least women do contribute significantly into them.

- Health: All statistics state that the majority of deaths that caused by HIV were transferred by Women.

- Cultural clashes: Women are one of the main reasons (If not the main one!) for causing unresolvable cultural conflicts. Because of women, we have cultures and supporters for honor killings. Because of women, we have cultures and supporters for women circumcision. Because of women, we have huge endless and unjustice debates about Niqab and what they wear. Because of women, we have prostitutes and that increases crimes and transfer HIV which causes death. Also because of prostitutes many men were stoned and flogged.

- Economical: Women cause huge scandals for super brilliant people and this had bad and negative impact on the global society such as: marilyn monroe, monica lewinsky, Dominique Strauss-Kahn's woman.

- Crimes: Because of women, we have sexual harrasment crimes, buying sex crimes, under-age stuff.....and so on

How beautiful the world would be if human beings were only Women ?

Best regards,

Female's Lover, Supporter and Helper
00:42 July 28, 2011 by Rishonim
@cutthecrap, Seems you have a boner to pick with Muslims. What happened? Did a very handsome Muslim guy slept with your mum and sister and it left your poor old dad devastated? Or is it that maybe he fornicated with your wife and 18 year old daughter one warm evening somewhere in the Riviera whilst you arduously worked the summer harvest on the farm?
00:53 July 28, 2011 by lovedealer76
@Learner2011,i totally agree with you but men can't live without them especially in the western world,unfortunately or should i say sadly?we live in a country that women are classify as a surpreme been,children, pet dog which include cat then the rest can come in any other which is where men come's in,how sad is that?

I think its about time judgement day come's,the world really sucks now not like when we were kids
01:33 July 28, 2011 by soultraveler3
Learner2011

You're an idiot or a troll.
01:38 July 28, 2011 by cutthecrap
@Rishonian, You need help:):) So you are in denial about seven year old brides???
03:01 July 28, 2011 by GLO
In some cultures 13 is the age of majority and not unusual for marriage.

In Sweden,

just 100 years ago this would be a normal relationship.
03:23 July 28, 2011 by Sheba
@cutthecrap...you are full of crap and gross...stop halucinating...the topic is not about muslims...now back to the topic...is there a way your child can start having sex at 20....or maybe after he/she gets married....
08:20 July 28, 2011 by guldlock
@22 this is not correct. In Sweden 1892, the lawful age for marriage for women was changed from 15 to 17. The most common age for getting married in the late 19th century was between 25 -29.

Also swedish teenagers DO know very well the age limit of 15 years old as it is taught in school. So do not excuse the boy for not knowing this or "just experimenting".
11:18 July 28, 2011 by Observour
@Sheba

Please what is 'THIGHING' in Islam? Is is wrong to ask for the laws to be made to respect your beliefs...I would love it if what I believe about marriage is allowed in law :)
11:52 July 28, 2011 by Shibumi
@jacquelinee in response to #14 "Still think it¨is cool to have them taught sex ed in Sweden?"

I read those articles when they were published and even commented in the second that "This assignment is inappropriate regardless of age. [...] Sexual education can and should be taught in a way that does not require personal information to be shared."

I did not go to school in Sweden, so I cannot comment on the quality or appropriateness of sex education here, but I do note that both cases of inappropriateness cited in these articles did seem to be exceptional enough to warrant complaints and articles in the press... so I'm going to venture a guess that these are outliers and not the norm.

If there are widespread problems with sex education in Sweden then the problems need to be addressed... the solution is NOT to eliminate sex education altogether. Study after study shows that lack of sex education leads to higher rates of sexual activity, STDs and teen pregnancy.

Anecdotally, I was lucky enough to attend a high school that had an award winning sex-ed teacher on the staff and I can tell you that it works. Sex-ed gave us a more responsible, informed outlook on sexual choices. Did you have any sexual education courses when you were a teenager? Did it extend beyond biology (i.e. "these are the girl parts and these are the boy parts- now let's move on to cell mitosis")? If so, do you feel that it impacted your own sexual choices positively or negatively?
12:21 July 28, 2011 by jacquelinee
@Shibumi

Yes they had thorough sex ed classes when I was in school. I immediately found a boyfriend and gave it a try to see how it worked. Thus ...pregnant and married at 15, 2 kids by 17. Abandoned at 18. Single mom by 19, struggled till today. Worked pretty good for me ..... did EXACTLY the opposite what your quoted article says it should. It did not make me evaluate everything and make a decision to wait (or my boyfriend either) it made me go out to see what it was all about. Maybe I am an isolated case, but by the amount of abortions and teenage pregnancies that have escalated since "sex ed" hit the curriculum, I am thinking not.

And as for the information in the article saying ""Male teens who received sex education in school were 71 percent less likely to have sexual intercourse before age 15." I can buy that. a 15 year old boy is usually like a 12 year old girl. How about at 17? Do you think sex ed is a deterrent? A 17 year old boy is pretty much a sperm cell with a mission.
12:27 July 28, 2011 by Dr. Dillner
What would have been the outcome if it was a 13 year old *boy* and a 15 year old *girl*?
12:57 July 28, 2011 by Shibumi
@jacquelinee

So from your own experience, you see sex-ed as the trigger to sexual activity and teen pregnancy... interesting. If you don't mind my asking... is there anything you think your school could have done to help you and your boyfriend make more responsible choices? Should the sex-ed have happened later or not at all? If there had been no sex-ed at all, how much longer do you think you would have abstained from sexual intercourse? With no sex-ed, do you think you would have been more or less likely to use contraception? What about your own children... what approach to sexual education and information have you taken (or do you plan to take) with them? What information did/will you arm them with to make better choices in their lives?

Hope you don't mind my asking these personal questions. I am genuinely interested in your views on this, but I understand if you prefer not to answer.
13:11 July 28, 2011 by jacquelinee
@ Shibumi

This is actually a post I made a while back... but it fits perfectly to what you are asking.

More harshness should be taught about diseases such as aids, syphilis, gonhorrea, especially with the scary trend seeming that diseases are becoming antibiotic resistant. And teenage pregnancies and abortions are another story that should be deeply explored..

Perhaps a better angle would be to treat sex with respect.To educate on the difference between actual sex and "artificial" sex that they are seeing hourly on the internet. (Actually, some adults could benefit too) They need to be educated that this is not real sex, but "acting"- that the participants are paid to put on a "show" to earn their paycheck. This is not real sex in any sense of the imagination, and it is giving our youth of both sexes a very warped idea of what love and relationships are.

Instead of just giving explanations of the parts and the acts, they should be presented with statistics, photos of aids patients, photos of syphilis etc. watch video of childbirth, be spoken to by teen moms, girls who have had abortions, teen dads working at an early age to support a child, people with aids.

Believe me, by the time a child is 10 nowadays, with the prevalance of the internet, most are pretty well educated as to what is what, what is where, what goes where and how to put it there. What they NEED to be taught is the often scary consequences and sad reality in th outcome of those statistics.

Knowledge about facts can be very harmful, unless consequences and possible dangers are also in the curriculum.

As for myself. I was always open, honest and upfront with my kids, told them the truth without over stating the facts, and never lied to them, They always felt comfortable coming to me with anything and it turned out ok. My son actually came and told me the first time he had sex (17)

This is not an easy issue, that is for sure.
12:41 July 29, 2011 by J. L. Belmar
In other words, everything you like in like is illegal, inmoral, fattening, makes you sick or belongs to someone else. Now, a 12 old-year teenager can teach you everything you want to konw about sex. What they cannot teach you are the consequences of it if not properly handled. Unsafe sex is a common denominator. Aids is just one of the diseases you can develope if you do not know how to have sex and only read the Kama Sutra via Internet. I fully agree with @jacquelinee in what she wrote.
13:13 July 29, 2011 by Siq
Setting aside the debate of whether or not what the boy did is a crime or not, one thing really worries me about this...

"Even though the boy claims he and the girl had consensual sex, the appeals court ruled that there is NO PROOF that the sex was indeed consensual "

So does this mean that, in Sweden, you have to prove your innocence rather than be proved guilty?
14:03 July 29, 2011 by Streja
The boy should probably appeal.

Jacqueline,compared to you I have actually had sex ed in Sweden, so perhaps you shouldn't shout so much about something you have no knowledge or experience about.

Abortions are not that common in Sweden and nor is teenage pregnancy, so perhaps you should look in the mirror.
15:15 July 29, 2011 by jacquelinee
@Streja

Perhaps you should look on the streets at the number of very young teens pushing strollers or the number of young girls in hospital waiting rooms compared to young men. Granted, not all are their for abortions, But many are too. And I have a teenage son who has lots of friends who have ALL had sex Education in Sweden and I see and hear about a LOT of what is going on, Let me tell you, the sex ed ain't slowing NOTHING down. Ask the Health department passing out social disease prescriptions like the government passes out tax forms. But in typical swedish style...if you don't see it, it doesn't exist
16:07 July 29, 2011 by bcterry
11:18 July 28, 2011 by Observour

@Sheba

Please what is 'THIGHING' in Islam?"

In a word, accepted.
16:32 July 29, 2011 by johann2340
Comment # 28

12:27 July 28, 2011 by Dr. Dillner

What would have been the outcome if it was a 13 year old *boy* and a 15 year old *girl*?

Answer: Nothing, the usual double standard because of feminism.

Women are always victims... in any case... regardless the age.

Please read the following articles:

http://www.thelocal.se/30144/20101110/

http://www.thelocal.se/29880/20101028/

A teenage girl from Kungsbacka in western Sweden was charged on Tuesday with sexual abuse after having sex with two boys who were 13-years-old at the time.

The Local reported in October that prosecutor Lena Lithner of the Halmstad public prosecution office filed the charges against the girl, with police arguing that the law should apply to all.

"We have a law that says one should not have sex with someone else who is under 15. I think that one should follow the law regardless of whether one is a girl or boy,"

A Swedish court has dismissed sexual abuse charges against a teenage girl who had sex with two underage boys after a game of 'truth and dare'.

14:03 Comment # 33

July 29, 2011 by Streja

The boy should probably appeal.

I agree, and his lawyer should refer to the case above....

However while laws are gender-neutral in feminist countries like USA, UK or Sweden and Norway, law execution is somewhat different, as it is clearly discriminating against everything male, including boys who are still minors.

Courts are very much biased in their rulings.
16:33 July 29, 2011 by Markus G
Although an 'age of consent' is probably necessary in all civilised societies, it is always an arbitrary choice and because sex is a private matter, there will always be people doing it under the age of consent and not being found out.

However, we do need to get real and remember that hormones are surging from the beginning of puberty and that sexual encounters are very likely in the early teenage years. This is why we need education on STIs and contraception.
17:16 July 29, 2011 by CBKrasno
In my opinion -- If it is consensual - let it be. If it isn't - the boy should be held responsible.

In addition....who are we to say when someone is sexually mature or not. Nonetheless, we must have some sort of guideline.
22:00 July 29, 2011 by johan rebel
In the sensible Netherlands, it is legal for anybody of 12-15 years of age to have sex, provided the partner is not more than two years older.
01:06 July 30, 2011 by coatswg
Dr. Dillner said: "What would have been the outcome if it was a 13 year old *boy* and a 15 year old *girl*?"

You nailed it. Another rabid contradition of feminism.
03:19 July 30, 2011 by actuary
Why do the Swedes have such hang-ups about sex? If it goes on like this, Swedes will think that sex had better be avoided as it causes too many problems. Then, of course, you'll have nothing to worry about as your population will dwindle and die.
12:38 July 30, 2011 by Streja
Jacqeline, why not check scb rather than posting inaccurate information based on what your eyes "see".
22:58 July 31, 2011 by Kennneth Ingle
Somebody at the age of fifteen is physically but not yet psychologically ready for sex. A girl of thirteen may be able to become pregnant, but only at great risk to her health.

It is not easy for such young people do deal with their feelings, but it would seem that their educational environment - at home and in school - has failed to prepare them for such problems.

Considering the fact that many adults (some quite famous), have trouble controlling themselves, I find a conviction for this teenager a bit hard. He should be given help to realise what negative results can follow unrestrained sexual activity. A conviction, which does not include those responsible for his guidance, is undeserved.
16:16 August 1, 2011 by valiantvimal
I am from India, now living in Sweden. I was reading this News and all the comments as well.

Actually, in India there is nothing called Sex Education. Our Government refuses to add it to the curriculum. But socially, arranged marriages are very common and we are supposed to have sex only with the person whom we married to. Having sex before marriage is something abnormal in the society. Also, after marriage, divorce is very rare in India.

The way how it goes is that, a girl or boy, at the age 5, will go to school, no sex education at any grade, at age 25 to 30 (for Boy) and 22 to 25 (for Girl), their parents will arrange the marriage for their children, then they will be together, their full life. And the cycle repeats for their children as well. So, sex only after marriage, no often divorce and so on.

There are also love marriages but not much in India.

Also, parents will earn and save the money for their children's future and that children after marriage do the same and Parent-Children bonding is high in India. But here in west I think this is not same.

I am currently living in Sweden and often in dilemma that if Indian way of arranged marriages and lack of sex education is good or not. I don't know but I am crazy about this!! Because here it is so different in Sweden.
20:41 January 8, 2012 by janeway
Comment: 08:20 July 28, 2011 by guldlock "Also swedish teenagers DO know very well the age limit of 15 years old as it is taught in school. So do not excuse the boy for not knowing this or "just experimenting"." All that has to be said!

Also, not anyone of you are considering the fact that the 13 year old girl says it was NOT consensual. But, of course, it's because of the notion that boys will be boys and they have a right to experiment and a right to have sex, no matter who is hurt. Right?
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