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Rape suspect freed: 'her no was part of sex game'

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15:38 CET+01:00
A 27-year-old man facing rape charges is free after successfully claiming in a court in southern Sweden that the woman's screams of protest were simply part of a violent sex game.

"I recognized the way she said no as a part of the sex; I recognized it from other girls," the man said during questioning, the Metro newspaper reported.

The incident took place in the man's apartment after the two met at a restaurant through a common acquaintance and he invited her back for a drink.

While both agree that the evening began pleasantly with kissing and heavy petting, the two had different view about what happened when the man initiated intercourse with the woman.

"I expressed very clearly that I didn't want to, so there was no way he could misunderstand me," the woman told investigators.

She explained, however, that the man became more aggressive as her protests increased, adding that he "seemed to like it".

The woman screamed so much and so loudly that she eventually lost her voice while the man continued to force himself on her. At one point, he covered her nose and mouth so she couldn't breathe and slapped her in the face, Metro reported.

But the man told the court that he was convinced the woman was into rough sex, saying he received "very clear signals" that she enjoyed what he was doing.

Under the pretense of taking a shower following the incident, the woman then fled the apartment. Witnesses told the court they encountered her lightly clothed and sobbing, an account confirmed by two police officers who responded to the incident.

In its ruling, the Lund District Court said both versions of what happened were credible and, for the most part, in agreement.

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Among other things, the court said it was clear that the 27-year-old had used violence to force the woman to have sex with him and that the woman's "muted protests" could be attributed to fear that the man might become even more aggressive.

However, the court tossed out the rape charge, ruling it had not been proven that the 27-year-old had acted with intent to act against the woman's wishes. The verdict cited the suspect's explanation that he thought the woman's protests were part of a violent sex game, despite the lack of an explicit agreement or consent between the two parties about dominant sexual role play.

The court also cited a lack of witness testimony and forensic evidence for the charge of rape. 

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