• Sweden edition
 
Judge defends dominant-sex rape acquittal
The compendium of Swedish legislation. File photo: Jessica Gow/TT

Judge defends dominant-sex rape acquittal

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

Don't miss...X
Left Right

Your comments about this article

Today's headlines
Swimrun
Record win at Sweden's tough island race
Photo: Jakob Edholm/ÖTILLÖ14

Record win at Sweden's tough island race

Two Swedes crushed last year's course record at the Swimrun world championship in Stockholm's archipelago on Monday. READ  

Sweden reveals Academy Award submission
Swedish director Ruben Östlund on set. Photo. TT

Sweden reveals Academy Award submission

The movie set to represent Sweden at the 2015 Academy Awards was revealed on Monday, a film that has already won awards abroad. READ  

Amphetamines
Hidden forest drug stash leads to prosecution

Hidden forest drug stash leads to prosecution

A 53-year-old man has been prosecuted after police in western Sweden made one of their largest drug seizures in the area. READ  

Man shot dead in hunting accident
Photo: Hunter Desportes/Flickr

Man shot dead in hunting accident

UPDATED: Police in northern Sweden say a man was killed on Monday morning after what they described as a "hunting accident". READ  

Pirate Bay Swede's trial set for final stage

Pirate Bay Swede's trial set for final stage

The mother of Swedish Pirate Bay co-founder Gottfrid Svartholm Warg has told The Local about her son's "suffering" in jail ahead of the final stages of his trial. READ  

Suspected Ebola case ruled out in Sweden
Photo: Fredrik Sandberg/TT

Suspected Ebola case ruled out in Sweden

UPDATED: Officials at a Stockholm hospital reported that they had found a suspected case of the Ebola virus on Sunday night. But the case was dismissed on Monday. READ  

Murderer on the loose after breakout

Murderer on the loose after breakout

A 34-year-old man who killed a child is on the run after he broke out of a psychiatric ward in central Sweden. READ  

Skåne floods
Huge clear up underway after Skåne floods
A Malmö bus under water. Photo: Stig Åke Jönsson/TT

Huge clear up underway after Skåne floods

Flood waters subsided in the southern Sweden region of Skåne on Monday, after flash flooding saw chaos on roads and trains at the weekend. READ  

Elections 2014
Sweden's Alliance reveals full manifesto
Photo: Henrik Montgomery/TT

Sweden's Alliance reveals full manifesto

UPDATED: Leaders of the Moderate Party, the Centre Party, the Liberal Party and the Christian Democrats have announced their complete list of election promises in Stockholm's Nacka. READ  

Zlatan scores hat trick in PSG thrashing
Photo: AP

Zlatan scores hat trick in PSG thrashing

Champions Paris Saint-Germain thumped Saint-Etienne 5-0 as Bordeaux saw their 100 percent record at the start of the Ligue 1 season ended on Sunday with a 1-1 draw against Bastia. READ  

RECEIVE OUR NEWSLETTER AND ALERTS
Tech
Sweden's highest peak to lose title next year
Politics
How immigration became a key election issue
Society
Brit's life in Sweden becomes BBC radio show
Gallery
People-watching August 27
Gallery
Top ten false friends in Swedish
Blog updates

25 August

Hit och dit, här och där (The Swedish Teacher) »

" Hej igen! A common challenge for Swedish language students are the location adverbs hit/här, dit/där, hem/hemma etc. Some of the location adverbs come in two versions. We should use one type of location adverb when we use a verb describes where we are, and we should use the other type of location adverb when we the verb..." READ »

 

25 August

The Dollar Store (Blogweiser) »

"A dollar store in Sweden. Blog post: http://t.co/tNuuvcP1q0 #USD #greenbacks #sweden #sverige pic.twitter.com/RHFAYf7U1k — Joel Sherwood (@joeldsherwood) August 23, 2014 There’s a chain here in Sweden called The DollarStore. This name always stood out to me in a country where they don’t use dollars. I went there for the first time this weekend. They actually accepted greenbacks..." READ »

 
 
 
National
Roma advocate scoops Wallenberg prize
Society
Meet the man who made a Swedish store recall its high heels for kids
Business & Money
'How I came to run my own business in Sweden'
Politics
Expert explains why Sweden's election oozes uncertainty
National
City plays Schindler's List theme at Nazi rally
Society
For Stockholm Fashion Week, here's the A-Z of Swedish fashion
National
'Amnesiac' man avoids deportation for ten years
Gallery
Princess Estelle through the years
Business & Money
Swedish city all set for six-hour workday trial
Business & Money
Five golden rules for the Swedish job hunt
Sponsored Article
Graduates: Insure your income in Sweden with AEA
Gallery
People-watching August 22-24
National
Armed royal guards caught (very) drunk on the job
National
Sweden orders textbook on Roma discrimination
Gallery
Violent anti-Nazi demonstrations in Malmö
Society
A closer look at Sweden's five official minority languages
Gallery
See the destruction from the southern Sweden floods
Politics
'Sweden Democrats hold the key to elections'
Society
Swedes celebrate first day of smelly fish season
Sponsored Article
Find out what gives this Swedish school executive appeal
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

747
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