• Sweden's news in English
 

Judge defends dominant-sex rape acquittal

Published: 14 Jan 2014 10:39 GMT+01:00

"I knew the moment I took on this case that there would be an outcry if there was a not-guilty verdict," Lund district court judge Ralf G. Larsson wrote in an op-ed published on Tuesday on Sveriges Televison (SVT) debate website SVT Debatt. 

Larsson underlined that if the suspect had not intended to rape the woman, he could not be convicted of rape. 

"If the thought had not occurred to him, that she did not want to have sex with him, then he didn't have any intention to do what he did," the judge wrote.

"He should have been acquitted. That's how the rule of law works and that's how the rule of law should work if I'm going to be a part of the justice system."

He further elaborated that there were parts of the plaintiff's and the suspect's versions of events that testified to the man refraining from certain acts on the insistence of the woman.

"The woman had made very clear to the man at least six times that she did not want to do what he wanted to do," Larsson wrote. "For example, oral and anal sex came up, and at each such incident the man did not proceed with what he wanted to do." 

Larsson went on to argue that no judge in Sweden should feel pressured by potential media fallout in difficult cases.

"If what is happening right now in mass and social media has the potential to scare less experienced judges, we're on a dangerous path," Larsson wrote.

The ruling has caused outrage among many Swedes, with protests planned for the weekend, most likely in Stockholm, the Skånska Dagbladet newspaper reports.

The alleged rape took place in the man's apartment after the two, who did not know each other previously, met at a restaurant. While both agree that the evening included consensual kissing, the two had different views about what happened when the man initiated intercourse.

"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. At one point, he covered her nose and mouth so she couldn't breathe and slapped her in the face, Metro reported.

While the woman told investigators she "expressed very clearly" that she didn't want to have sex, 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.

However, the court ruled it had not been proven that the 27-year-old had acted with intent to act against the woman's wishes, a ruling that left many observers seething.

"Hey! What do you think about putting together a 'Kärrtorp-massive' demo (peaceful), outside/near parliament say next week where we are in the thousands to demand better sex crimes legislation? Mutual consent Act NOW!" Swedish journalist Cissi Wallin wrote via Facebook.

According to critics, the Lund court ruling sets a dangerous precedent that allows the assailant the right to define rape.

The Local (news@thelocal.se)

Your comments about this article

Today's headlines
UN slams Sweden over increasing hate crimes
The United Nations General Assembly on January 22, 2015. Photo: TT

UN slams Sweden over increasing hate crimes

Sweden faced sharp criticism for the way it is tackling discrimination and violence against minority groups, at a key UN meeting in Geneva on Monday. READ  

Swedish soldier stirs row over help for Isis fighters
Photo: TT

Swedish soldier stirs row over help for Isis fighters

A Swedish soldier's Facebook post from Afghanistan is causing a stir, after he suggested that he was likely to get less help when he came back to Sweden than returning Isis fighters. READ  

Sweden Democrats get new party secretary
Björn Söder is walking away from his role as party secretary. Photo: TT

Sweden Democrats get new party secretary

Sweden's nationalist Sweden Democrats have chosen a new party secretary, with Richard Jomshof set to replace Björn Söder, one of the anti-immigration group's most senior and controversial officials. READ  

Push to cut cancer wait times in Sweden
Doctors at a hospital in Sweden. Photo: Melker Dahlstrand/Image Bank Sweden

Push to cut cancer wait times in Sweden

Sweden's coalition government and the Swedish Association of Local Authorities and Regions (SKL) have promised to work together to cut waiting times for cancer patients across the country, following reports of wide regional differences. READ  

Swedes get scopes ready for giant asteroid
An impression of an asteroid passing earth. Source: TT

Swedes get scopes ready for giant asteroid

The largest asteroid set to pass earth in the next 12 years will be sweeping past Sweden and much of northern Europe on Monday evening. READ  

Sweden's Left backs European 'Red Spring'
Left wing Greeks celebrating in Athens. Photo: TT

Sweden's Left backs European 'Red Spring'

The leader of Sweden's Left party, Jonas Sjöstedt, has told The Local he is "delighted" with the dramatic election win of Greece's anti-austerity party Syriza over the weekend, while Sweden's Finance Minister has raised concerns about how the victory will affect Europe. READ  

My Swedish Career
Meet the man snapping Stockholm's subway
A snapshot of some of the people in Pantiel's Stockholm subway project. Photos by: Evian Pantiel

Meet the man snapping Stockholm's subway

What's an American photographer doing snapping photos of people in Stockholm's subway? For this week's My Swedish Career, The Local spoke to Evian Pantiel, the man behind the camera exploring Stockholm's colourful subway lines. READ  

Gothenburg recovers after mystery oil spill
The Port of Gothenburg. Photo: TT

Gothenburg recovers after mystery oil spill

A major oil spill occurred overnight in Gothenburg, with officals still unclear of the source on Monday morning. READ  

Flashy apartment block dazzles angry residents
Photo: TT

Flashy apartment block dazzles angry residents

The balconies on a new apartment block in Sundbyberg in Stockholm are reflecting light in a way that is dazzling neighbours and forcing them to wear sunglasses. READ  

FBI funding Sweden 'terror' research

FBI funding Sweden 'terror' research

Research grants to fund the study of controversial interrogation methods at the University of Gothenburg have come from America's Federal Bureau of Investigation, it has emerged. READ  

RECEIVE OUR NEWSLETTER AND ALERTS
Gallery
IN PICTURES: Who travels on Stockholm's different subway lines?
Lifestyle
'Limousine' snowplough for sale
People-watching January 24th - 25th
Gallery
People-watching January 24th - 25th
Society
Meet the 'beggars' buttoning up immigration critics
Lifestyle
What's on in Sweden this week
Blog updates

23 January

Editor’s blog, January 23rd (The Local Sweden) »

"Happy Friday from The Local’s team in Stockholm. We can’t wait for the weekend, when we’re planning..." READ »

 

14 January

Adjectives and nouns (The Swedish Teacher) »

"Hi there, The other day I got a question about combining adjectives and nouns: When you have a..." READ »

 
 
 
Gallery
IN PICTURES: Princess Madeleine through the years
Features
Learn Sweden's bizarre dating lingo
People-watching: January 21st - 22nd
Gallery
People-watching: January 21st - 22nd
Lifestyle
'Life as a Swedish candy-maker is sweet'
Society
Why Sweden's viral 'genital' video is getting an English remake
Gallery
IN PICTURES: January snow snaps
National
Why does Sweden's Luleå have a giant ice beaver?
Gallery
IN PICTURES: Who are Sweden's richest one percent?
Business & Money
How a classic Swedish snack got a revamp for 'busy' Stockholmers
Lifestyle
The Local's top Swedish acts for 2015
Gallery
IN PICTURES: Sweden's Årets Bild photography prize winners
Business & Money
'I met my Swedish man in Tokyo's first Ikea store'
Gallery
Property of the week: A cozy apartment in Bromma, Stockholm
Gallery
People-watching: January 17th - 18th
Lifestyle
How to make Swedish gravad lax
Lifestyle
Four hot Swedish home design trends
National
How The Local's video on a strange Swedish sound went viral
Gallery
People-watching: January 14th
National
The Local's guide to Europe in statistics - from Spain to Sweden
Politics
Paris attacks: Knock-on effects in Sweden and across Europe
National
Swedish Muslims react to new Charlie Hebdo magazine
National
The Local talks to Sweden's Home Affairs Minister about Paris attacks
Business & Money
Will Spotify launch on stock market after users rocket?
Accelerated
Texans and Swedes to play ice instruments
Gallery
Property of the week: An 18th century mansion in Stockholm
Business & Money
'Snowboarding drew me to work in chilly Sweden'
National
Are Sweden's royals moving to London?
National
How Sweden's Charlie Hebdo rally broke a winter protest record
Gallery
IN PICTURES: Princess Madeleine through the years
Gallery
IN PICTURES: Stockholm's 'no pants' subway day 2015
Gallery
People-watching: January 10th - 11th
Gallery
IN PICTURES: Stockholm holds Charlie Hebdo rally
National
Have you seen Sweden's viral children's 'genital' song?
National
Mother of 'Superman' victim warns of ecstasy drug trend in Sweden
National
Are wolves on the loose in the Swedish capital?
Gallery
People-watching: January 7th
National
Stockholmers discuss why they joined global Paris shooting vigils
Gallery
IN PICTURES: Sweden's reaction to Paris magazine shootings
Sponsored Article
Everything you need to know about moving to Stockholm
Sponsored Article
How to jump-start your career in southern Sweden
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

1,063
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
Counselling and Psychotherapy in English
Sometimes living in another culture can cause stress, confusion and feelings of sadness and loneliness. Talking to a professional psychotherapist/counsellor might help you. I am a UKCP Reg. psychotherapist. My practice is in Södermalm, Stockholm.
Contact me to discuss your options