Published: 17 Aug 09 10:44 CET | Print version
Online: http://www.thelocal.se/21508/20090817/
Swedish district prosecutor Rolf Hillegren has been reported to the justice ombudsman for published comments in which he classified some categories of rape as mere regulatory offences.
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If this is in fact the case and also it is in this context that the comments were made, then it seems to me that he is voicing a reasonable opinion that it should be treated as a misdemeanour rather than treating exactly the same as when a stranger rapes another person. The factors are vastly different in the two situations and should be treated as such.
I guess guys like this are why downloading music gets tougher sentences then rape in Sweden. Imagine also how women reading this will feel. Something bad happens to them but they will be more likely to decide that it is not worth trying to prosecute if the rapist is being protected by idiots like this.
Ummm no, the reason you get tougher sentences on downloading is because corporations are losing their monopoly/power/maybe some money/etc and thus using a lot of money for bribing and changing laws to their advantage. They dont want to go the way of the dodo even though their business models are far outdated in line with the dodo so they are fighting back as much as they can with scumbag laws and even scummier lawyers.
As for the rape issue, while I think rape is a crime committed by cowards and sickos who should be punished much harder than currently under Swedish law, I think in this case Kaethar, paymaker and texrusso have pretty much said what I wanted to say on this subject.
Obviously a man who does not believe that women have the right to say no
However, that is not what the prosecutor said. He didn't say "I think men who are able to talk their partners into having sex is a lesser crime". He didn't make it clear whether "going ahead with it" was physically forcing her, or whether it was trying to convince her to have sex. People should always feel like they can say no to sex and not be physically forced, regardless of whether it is a stranger, or "someone they know" or their spouse of 30 years.
@caitlinnor
"It seems odd for a society to prosecute a man who talked his partner into sex."
Welcome to Sweden. =D
Although the former would be hard to prove as well (the threatening) but what he said doesn't mention threatening so I don't think that's the scenario he was referring to.
Don't you think it is an act of violence if someone forces you to have sex against your will? We are talking about force (greater strength/weight) used - We are not talking about someone being persuaded.
I think that for many women date rape is extremely traumatic - who would you feel if the situation was reversed and someone you knew assaulted you and forced something into your genital area against your will - would you regard it as a minor incident.
The prosecutors use of the legal term "ordningsförseelser" in legal terms does not really mean "misdemeanor" in the same way as the US - in Sweden examples of "ordningsförseelser" would be
- minor traffic offences
- forgetting to apply for a building permit
- causing a public nuisance
As a prosecutor he will be well aware of this
Is this really how people see sexual violence against women?
Don't think it was such a great idea to write a debate article today saying that the law should not be involved in issues of sexual consent - and he wrote
"Not having sexual intercourse against another's will is an excellent social rule - however one that is more suited to ettiquette books than law books"
"Att inte ha samlag mot någons vilja är en utmärkt umgängesregel som dock passar bättre i etikettböcker än i lagböcker
http://www.svd.se/nyheter/inrikes/artikel_3379089.svd
http://www.svd.se/opinion/brannpunkt/artikel_3374991.svd
It is true that someone who is raped and beaten up has been violated against differently than someone who is raped. Both are still raped; it doesn't matter whether it's her husband or a stranger, rape is always rape. This is sickening. How can you cover their asses?! This is.. ... wrong..
Rape, in any form, should give you at least 16 years of jail time. Violent rapes higher than that. Our justice system is a bloody joke.. we should adopt an americanized system. "300 years in jail for murder" is just so.. so right hahahha