• Sweden edition
 
Forced 'infidelity check' not rape: Swedish court

Forced 'infidelity check' not rape: Swedish court

Published: 21 Feb 2013 09:36 GMT+01:00
Updated: 21 Feb 2013 09:36 GMT+01:00

The man had previously been convicted of rape by a lower court after he tore off his girlfriend's clothes and forced his fingers into her genitals on suspicion that she had been unfaithful, legal trade publication Dagens Juridik reported.

The lower court had also convicted the man of several other charges related to repeated assaults and threats directed against girlfriend in a relationship that had been marked by jealousy and suspicion.

But upon reviewing the case, the Svea Court of Appeal threw out the rape conviction, arguing that the man's actions weren't sexual in nature.

Both the man and his girlfriend testified that the act was an attempt to ascertain whether or not the woman had engaged in sexual activity with another man.

"His action can therefore not be seen as having a sexual character such that it can be regarded as a sexual act according to the criminal code," the court wrote in its ruling.

The appeals court instead found the man guilty of unlawful coercion and reduced his jail sentence from two years and eight months to 14 months in prison.

The woman's defence attorney slammed the court's ruling for how it might affect similar cases in the future.

"There is a risk that a perpetrator may claim an act didn't involve any sexual desire and thus hide behind the argument even if the truth is otherwise," attorney Marianne Jargenius told the Metro newspaper.

It remains unclear whether or not the new court ruling will also be appealed.

TT/The Local/dl

Follow The Local on Twitter

Don't miss...X
Left Right

Your comments about this article

10:26 February 21, 2013 by RobinHood
Oh Sweden! What has become of you?

A place where the difference between right and wrong has become obscured and confused by politicians, legislators, judges and lawyers who lack the moral values necessary for them to be described as decent human beings.

Sweden's depraved sexual offences laws desperately need to be rewritten, but by who? Is there anyone left in Sweden morally competent to restore some sanity to what has become a global laughing stock?

The Assange case only skimmed the surface. A land where it is legal to take photographs of naked strangers - as long as they are sleeping. Where it is legal to have sex with an animal. Where it is legal to drive several times over the alcohol limit, as long as you don't feel drunk.

Oh Sweden!
11:30 February 21, 2013 by engagebrain
This is absurd - from the woman's perspective the motivation of the man is completely irrelevant - its a nasty sexual assault. legally it is impossible to honsty discover a man's motivation and the whole legal framework starts to collapse. A persons body is their own, touch only with permission.

Paddling Out 'I agree with this ruling. Islamically, it would be improper for her to have been unfaithful and that it more important than anything else, especially her input on the matter.'

and this judgement is going to be taken as justification, by some, for checking up on their property.
11:35 February 21, 2013 by Reason and Realism
Another heinously idiotic ruling by a Swedish judge.

Rape in wartime is often conducted on both men and women with broomsticks, rifle barrels, steel rods, etc.. in other words through acts of penetration that are not sexual, but that are designed to be both painful and deeply humiliating/traumatising.

Accordingly the imbecile judge should not read the fine print of outdated and/or naive Swedish definitions of rape to hunt for technicalities that can be used to reduce the man's sentence..

Where is the justice minister on this? If the judges are too stupide to make any judgements, it is time to change the laws and minimum sentencing rules.
12:01 February 21, 2013 by byke
How would a finger indicate any form of infidelity?

She is hardly likely to have kept any loose fluid in without it dribbling out.

Women remember,

Nothing says "I love you" from a man who is willing to risk putting his finger in another mans jizz.
12:03 February 21, 2013 by findlaw2000
The appeal court has undoubtedly done the right thing. An action can not be established as rape without an element of rape intention.
12:23 February 21, 2013 by RobinHood
@Findlaw

I sincerely hope you would feel the same way if someone were to do the "right thing" to you one day.
12:35 February 21, 2013 by Rishonim
I can only assume that the message this appeal court is sending is that it is ok to go out and finger any woman out there and claim the actions weren't sexual in nature, but merely as a test to see how far the finger could reach. What a country of troglodytes.....
13:20 February 21, 2013 by OopSan
After this guy will come out of the prison he should stick his fingers in this judje's ass. Just to check how many bullshit left in this judge.
14:13 February 21, 2013 by k2kats
This is an inconceivable double violation of human rights.

Padding out: At minimum, this is a legal, not religious matter, that took place in Sweden and is therefore subject to Swedish law.

Rape is never about sex; it's about power. "No" means no. Even if that were not the case, there is no legal and binding relationship between these two that obligates her to sexual fidelity.

I hope the poor woman has managed to deal with this double layer of intimidation and any feelings of hopelessness to part company with this... criminal.

Are judges in Sweden elected or appointed?
14:25 February 21, 2013 by jostein
His actions have been judged criminal. This crime has a punishment attached to it. This punishment might be too lenient in many citizens minds. Or it might not be. Fair enough.

However, in sweden there is an obesession to classify any remotely sexual crime as rape, such as the extensive change in swedens sexcrime law 2005. This is inane. A duck is a duck and a shovel is a shovel. Those that think his actions henious should argue that the actions he did commit are punished more harshly, rather than argue to have them relabeled, further diluting "rape".

My personal reflexion is that this is a testimony of the excedingly strong position of cultural marxists in the swedish mediopolitical class. These people obsess about what word is used but care little about any objective meaning of words. Truth be told, they do not care about objective reality at all. These people have totally destroyed the intellectual climate of sweden.
15:00 February 21, 2013 by Kevin Harris
@Jostein

Agreed, in Sweden the definition of rape has been perverted way beyond its common English meaning.

But, the violation of someone's orifices by way of the forcible insertion of an object, be it animal, vegetable or mineral, is pretty much a semantic bulls eye.

There is probably now only one country in the world where such a thing is not legally defined as rape. It was the victim's bad luck that she lived in Sweden. But even more bad luck for the next woman whose boyfriend or husband wants to indulge in an impromptu medical inspection of her private parts.

One presumes the victim should have been relieved her boyfriend didn't use a broom handle to further his investigations into her chastity.
15:18 February 21, 2013 by Reason and Realism
@ jostein

This is not the Assange case.

The act of ripping off someone's clothing and violently penatrating that person against their will is what causes physical and often irreparable emotional harm to the victim, regardless of what object is used in the penetration, and regardless of whether or not the attacker gets any sexual gratification from the attack (which is irrelevant).

Assault crimes that include penetration can be called rape, without 'diluting' the term. Human psychological makeup is such that for most victims, rape is worse than slap or a punch in the face, and the extra harm(often permanent psychological harm) justifies higher penalties for rape than a class of assault crimes that result in temporary injury or no injury.
17:10 February 21, 2013 by Phillynilly
I thought rape was defined as non consensual sexual intercourse......
17:36 February 21, 2013 by godnatt
Comment removed by The Local for breach of our terms.
19:05 February 21, 2013 by Migga
What a laughable case. It was a sexual assult no matter what the perps intentions were. It`s ridiculous how the courts take the criminals words as law and do anything to not punish them. The victim is left to fend for themselves if they don`t commit suicide from depression.
21:14 February 21, 2013 by dizzymoe33
If someone forces something either foreign or a penis or fingers into another person's body without their permission and whether their intentions were sexual or not is RAPE!!!!! I don't understand all this non-sense at all with the Swedish laws. Maybe she should cut off his penis and claim some excuse like I thought he was sleeping with another woman so I put an end to that!!
21:22 February 21, 2013 by boomhauer
I agree, sexual assault needs to have a sexual intent. If I fall and grabs a breast or a boobie or a titty or a booty or a vagina to prevent my fall, its not sexual assault, I am trying not to fall, I'm not trying to rape anyone. The law needs to reflect those differences.
21:35 February 21, 2013 by johan rebel
Oh come on, the perp's actions were "sexual in nature" regardless of his intentions.
23:07 February 21, 2013 by Flan59
Rape is never about sex - it is the violent act of control over another human being in the most debasing way. This is why sometimes objects are used. therefore is not a sexual act - therefore - this man raped this woman.

This ruling is giving people who abuse women, as this man obviously is, the right to violate a person's body , And when that happens - not matter where in the body it occurs - it is assault. And when that assault is in a woman's vagina, it is called rape.

No one has the right to violate another person's body.
23:17 February 21, 2013 by Elf_Moon
I am so disturbed that this has happened in a Swedish court. Maybe I expected more from a country like this :(

Though the wording of this article confuse me. Did she feel herself that it was rape? Or did she just feel it to be a mere violation? Because if someone inserted something into my genitalia against my will I'd feel it were rape! Regardless of how the criminal felt about it or the reason behind it!
18:40 February 22, 2013 by jhpackard
Sick, twisted, EVIL court. Was the the perp Muslim? If so, then the omission of that in the article is ... sick, twisted, EVIL ....as is Islam.
Today's headlines
Elections 2014
'Sweden Democrats hold the key to elections'
Jimmie Åkesson. Photo: Bertil Ericson/TT

'Sweden Democrats hold the key to elections'

With national elections around the corner, political scientist Stig-Björn Ljunggren says there's a hive of activity behind the scenes, and that the right-wing nationalist party could end up being the key player. READ  

Swedish artist jailed for 'race hate' pictures
Police arrested Dan Park (pictured) and confiscated his art works at an exhibition opening on July 5th. Photo: Drago Prvulovic/TT

Swedish artist jailed for 'race hate' pictures

A Malmö court has sentenced Swedish street artist Dan Park to six months in jail for incitement to racial agitation and defamation. READ  

Sweden Floods
Flooding closes roads in central Sweden
Photo: TT

Flooding closes roads in central Sweden

UPDATED: Sections of the highway in Värmland have been closed off due to flooding, and several trains are standing still. Authorities say the situation will get worse before it gets better. READ  

Elections 2014
Sweden elections: How do they work?
Casting a vote. Photo: Shutterstock

Sweden elections: How do they work?

National, regional, and local elections are taking place in Sweden on September 14th. Whether you're a first-time voter or a fresh armchair observer, The Local's beginners' guide will answer the key questions you were too afraid to ask. READ  

Sweden orders textbook on Roma discrimination
A Romani language class in Malmö. Photo: Drago Prvulovic/TT

Sweden orders textbook on Roma discrimination

The Swedish government has asked a new commission to create school materials based on a white paper documenting Swedish discrimination of Roma. READ  

Day-care rapist
Day-care rape suspect 'was mentally ill'
Photo: TT

Day-care rape suspect 'was mentally ill'

Social services have ruled that a day-care intern charged with molesting 14 children in southern Sweden was "seriously mentally disturbed". READ  

What's On in Sweden

What's On in Sweden

Autumn has arrived in Sweden, which means grey skies are approaching. But summer goes out with a skip, hop, and a bang - the annual Color Run is taking place in Stockholm this weekend. READ  

Surströmmingspremiär
Swedes celebrate first day of smelly fish season
Photo: Hasse Holmberg/TT

Swedes celebrate first day of smelly fish season

On the third Thursday of each August, Swedes celebrate the start of the fermented herring season. The Local finds out more about the worst-smelling food on earth, and collects some of the best reaction videos. READ  

Spotify founders win 'Expats of the Year'
Crown Princess Victoria and Spotify co-founder Martin Lorentzon Photo: Fredrik Sandberg/TT

Spotify founders win 'Expats of the Year'

Spotify founders Martin Lorentzon and Daniel Ek won the International Swede of the Year award (Årets svensk i världen) on Wednesday for their work in making the world's music accessible to the world. READ  

Top ministers count cost of 'less secure world'
Photo: Maja Suslin/TT

Top ministers count cost of 'less secure world'

Foreign and Finance Ministers Carl Bildt and Anders Borg held a press conference on Wednesday to discuss how Sweden was being affected by a "less secure" world, and how it would foot the bill for a growing influx of refugees. READ  

RECEIVE OUR NEWSLETTER AND ALERTS
Finest.se
Gallery
People-watching August 20th
Society
Did you know the Bronx in NYC was named after a Swede?
Politics
"Iraq reminds me of the Yugoslav wars. It's the same story."
Society
Swedes slam Danes for 'racist' art
National
Majority of Swedes favour more or just as many refugees
Blog updates

17 August

Sea Fever (Around Sweden in a kayak) »

"I’m going to keep this post short and sweet as its not something I take any pleasure in writing. After much deliberation I have made the heartbreaking decision to abandon my trip after 1200km due to reoccurring injury. It is not a decision I have made lightly and it is one that has been truly devastating..." READ »

 

17 August

St. Louis strong (Blogweiser) »

"It’s typically a bad sign when my hometown makes news in Sweden. St. Louis was in the headlines here a few years ago when a tornado struck the airport. The city also caught attention after a politician talked about ‘legitimate rape’. Now, shooting and riots this week in Ferguson, a part of St. Louis, are..." READ »

 
 
 
Society
Lock your bathrooms: Swedish toilet invader on the the loose
Politics
'Assange will not leave until safe'
Gallery
See more images from the southern Sweden floods
Sponsored Article
Find out what gives this Swedish school executive appeal
Society
Serial chicken smuggler caught at Norway border. Again.
Society
This gold coin may be the key to solving a Swedish massacre
Shutterstock
Lifestyle
The Swedish mentor (and why you may need one)
National
Food agency warns girls: 'Don't eat stinky fish'
Politics
Reinfeldt calls for tolerance to refugees
Gallery
People-watching August 16-17
National
Sweden celebrates 200 years of peace
Society
Top ten literal Swedish words
Politics
'Terror training should be illegal': Liberal Party
Gallery
Swedes talk about 200 years of national peace
Politics
Islamic extremist shakes Sweden with TV threat
National
Teacher fined for 'Hitler salute' in German class
National
Swede asks for epidural and gets disinfectant
Features
Kiruna residents talk life in a town on the move
National
Swedish dad takes kids to Israel to learn about war
Skatteverket
Sponsored Article
Introducing... ID cards and permits in Stockholm
Sponsored Article
Introducing...Your finances in Stockholm
Sponsored Article
Introducing...Housing in Stockholm
Latest news from The Local in Austria

More news from Austria at thelocal.at

Latest news from The Local in Switzerland

More news from Switzerland at thelocal.ch

Latest news from The Local in Germany

More news from Germany at thelocal.de

Latest news from The Local in Denmark

More news from Denmark at thelocal.dk

Latest news from The Local in Spain

More news from Spain at thelocal.es

Latest news from The Local in France

More news from France at thelocal.fr

Latest news from The Local in Italy

More news from Italy at thelocal.it

Latest news from The Local in Norway

More news from Norway at thelocal.no

707
jobs available
Swedish Down Town Consulting & Productions
Swedish Down Town Consulting & Productions is an innovative business company which provides valuable assistance with the Swedish Authorities, Swedish language practice and general communications. Call 073-100 47 81 or visit:
www.swedishdowntown.com
PSD Media
PSD Media is marketing company that offers innovative solutions for online retailers. We provide modern solutions that help increase traffic and raise conversion. Visit our site at:
http://psdmedia.se