• Sweden's news in English
 

Forced 'infidelity check' not rape: Swedish court

Published: 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

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
Swedish diplomat thrown out of Russia
The Ministry of Foreign Affairs said it is too early to say how the incident will affect the countries' relationship. Photo: TT

Swedish diplomat thrown out of Russia

UPDATED: A Swedish diplomat has been expelled from Russia, with the Ministry of Foreign Affairs linking the incident to an official at the Russian embassy in Stockholm being asked to leave. READ  

Swedish ship in new migrant rescue mission
Migrants aboard the rescue ship Poseidon on an earlier rescue mission in June. Photo: AP Photo/Carmelo Imbesi/TT

Swedish ship in new migrant rescue mission

The Swedish rescue ship Poseidon has helped another hundreds of migrants attempting to cross the Mediterranean, said the coast guard. READ  

Opinion
'Let's promote nudity in a healthy way'
Lotta Gray and her son Lennox. Photo: Private

'Let's promote nudity in a healthy way'

Swedish parents need to get more comfortable being naked around family members to help their children develop a healthy attitude to nudity, argues journalist and blogger Lotta Gray. READ  

Sweden's golden girl swims to new record
Swedish champion Sarah Sjöström. Photo: AP Photo/Sergei Grits

Sweden's golden girl swims to new record

Sweden's Sarah Sjöström broke the women's 100 metre butterfly world record for the second time in 24 hours to win gold in the final at the world swimming championships on Monday. READ  

Swedish ex-politicians get millions in payouts
Prime Minister Stefan Löfven pictured with his parliamentary colleagues in December 2014. Photo: Maja Suslin/TT

Swedish ex-politicians get millions in payouts

The government changeover last autumn has cost the Swedish taxpayer a whopping 147 million kronor ($17 million) in severance payments for politicians and officials, it was revealed on Monday. READ  

Stir over anti-begging ad for tourists in Stockholm
The Sweden Democrats' campaign in the Stockholm underground. Photo: Bertil Ericson/TT

Stir over anti-begging ad for tourists in Stockholm

A controversial anti-begging advertising campaign directed at foreign tourists in Stockholm stirred tense debate in Sweden on Monday. READ  

Breathalyzer blunder goes viral in Sweden
This is not the policeman or the man in the story. Photo: Anders Wiklund/Scanpix

Breathalyzer blunder goes viral in Sweden

A Facebook post by a policeman in western Sweden in which he talks about how he mistakenly asked a passenger instead of the driver to do a breathalyzer test, has gone viral. READ  

Petrol hike marks start of Swedish 'driving season'
Fuel prices are going up in Sweden. Photo: Fredrik Persson/Scanpix

Petrol hike marks start of Swedish 'driving season'

Tourists have been enjoying unexpectedly inexpensive road trips in Sweden this summer thanks to falling petrol prices. But the treat turned out to be as short as it was sweet. READ  

Stockholm Pride slams Facebook 'censorship'
Stockholm's Pride Parade. Photo: Vilhelm Stokstad/TT

Stockholm Pride slams Facebook 'censorship'

The organizers of the Stockholm Pride Parade have hit out after Facebook removed a photo posted on the event's official Facebook page showing nipples. READ  

Swedish swimmer smashes butterfly record
Swedish swimmer Sarah Sjöström. Photo: Maja Suslin/TT

Swedish swimmer smashes butterfly record

Swedish swimming champion Sarah Sjöström broke the women's 100m butterfly record on Sunday as China’s Sun Yang and America’s Katie Ledecky kept their 400m freestyle titles at the World Championships. READ  

RECEIVE OUR NEWSLETTER AND ALERTS
Gallery
IN PICTURES: Joyful celebrations at Stockholm's Pride Parade 2015
National
Snoop Dogg's initial drug test positive say Swedish police
How did a banana help a Swedish man avoid speeding fines?
Gallery
People-watching: July 31st - August 2nd
Technology
Modern mugging: Swedish thieves use smartphone app to rob man
Blog updates

31 July

Editor’s blog, July 31st (The Local Sweden) »

"Dear readers, As the Stockholm Pride Festival kicked off this week, we spoke to the chairman of..." READ »

 

15 July

Climate Change: A New Risk Assessment (The Diplomatic Dispatch) »

"Climate change is one of the most serious threats facing the world today.   The UK is..." READ »

 
 
 
National
How a century-old Russian sub wreck got Sweden into a frenzy
Gallery
People-watching: July 29th
National
How to become a Swedish woman
National
Free bus cards for refugees in Sweden
Lifestyle
New snaps of Sweden's baby prince
National
Why are Swedes so scared of Russian submarines?
Gallery
Property of the week: Simrishamn, Skåne
Sponsored Article
Getting pregnant the Swedish way
Features
Five outrageously harsh tourist comments about Sweden
Sponsored Article
Why is Sweden still working with Russia?
Gallery
People-watching: July 24th-26th
Travel
Seven ways to beat the Swedish rain
National
Should Sweden's alcohol stores be open on weekends?
National
How to become a Swedish man
Gallery
People-watching: July 22nd
Lifestyle
How to never miss your favourite features on The Local
National
Royal husband on 'breadwinner' role
National
Stockholm to ban all cars for one day
Sponsored Article
Outsourcing drives Apreel's Europe growth
Gallery
Property of the week: Sölvesborg, Blekinge
National
Questions over who would replace Swedish PM in a crisis
Gallery
People-watching: July 17th-19th
National
Why are Swedish women joining Isis?
Travel
Ten Stockholm streets you just have to walk down
Sponsored Article
'Swedish women must demand their partners use a condom'
Sport
Did UK football parents threaten Swedish kids?
Technology
Stockholm scientists find world's oldest sperm
Gallery
People-watching: July 15th
National
Angry Swede uses bird nest as fake speed camera
National
Meatball row as Ikea changes recipe
National
Sweden's new princess in spotlight
National
Slimy slugs go on sale to raise cash for EU migrants in Sweden
National
Crown Princess Victoria turns 38
Sponsored Article
Harstena: Life in Sweden's secret archipelago
National
Is this the best marriage proposal story in Malmö's history?
Sponsored Article
'Biofuels critical for climate-friendly flights'
Sponsored Article
Gaps don't have to kill your Swedish CV
National
Why summer could be the best time to invest in a Swedish property
Gallery
Property of the week: Bollnäs, Hälsingland
National
Swedish house on sale for one krona
National
Would you give this ugly food a home?
Gallery
People-watching: July 10th-12th
Travel
Foreign hikers in Sweden set to get more help in English
National
Prince Nicolas enjoys first summer
National
Meet the amazing Swedish granny who loves theme parks
Sponsored Article
'Swedish industry needs US trade deal'
Sponsored Article
Sweden's 'incredible' chance to connect
Sponsored Article
'Today's refugees could be tomorrow's Zlatan'
Sponsored Article
Crans-Montana: International expat hub
Sponsored Article
‘I don’t feel Swedish, I feel international’
Sponsored Article
VIP Mingle at Almedalen's hottest event
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

3,315
jobs available
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:
psdmedia.se