• Sweden edition

Swedish court hears landmark S&M case

Published: 14 Sep 10 11:07 CET | Double click on a word to get a translation
Updated: 14 Sep 10 12:17 CET
Online: http://www.thelocal.se/28980/20100914/

A 32-year-old man charged with assault after having violent sex with a teenager appeared in a Malmö courtroom on Monday in a case testing how much sexual violence is legally permitted in Sweden between consenting partners.

The 16-year-old girl came in contact with the man through a sadomasochism-themed website and later signed a “slave contract” in which she consented to being “used, abused and thoroughly humiliated”.

“I want to have a really hard master. Someone who won’t wimp out,” the teen wrote the 32-year-old during their online chat, according to the Aftonbladet newspaper.

During their sexual encounter, which took place in January, the girl allowed herself to be locked in a cage and have clamps attached to her breasts, according to several media reports.

The 16-year-old was also hit with whips and rulers, and made to have oral sex until she vomited, according to Aftonbladet.

Police were alerted to the alleged assault when a relative of the teen noticed she had bruises all over her body.

The issue of how much sexual violence is allowed between consensual sex partners has never been heard in the Swedish court system and experts in sadomasochism are expected to be called to testify in the hearing in Malmö district court.

“What I want to establish is that even if they say they are in agreement over this then you not allowed to seriously assault someone,” prosecutor Ulrika Rogland told the local Sydsvenskan daily in June when charges were originally filed.

It is on this issue that the district court has to issue a ruling, is this aggravated assault and was she able to agree to it?”

In her opening statements on Monday, Rogland claimed the girl’s consent to the violent sex should be nullified because the man was aware that she was prone to self-harming behaviour, according to Sydsvenskan.

However the man’s attorney,Bo Peterson, claimed that while the 32-year-old knew of the girl’s behaviour, he thought had outgrown it.

The prosecutor then showed pictures of the girl’s arms featuring several deep cuts and argued that there was no way to man could have avoid seeing the wounds.

The 32-year-old told the court that he had been involved in similar sex role-play games for several years and considers himself capable of assessing whether or not people really want to do what they say they want to do.

When the girl arrived at his apartment they discussed anal sex, among other things, as well as what word they would use to signal to the other to stop their activities if the pain became to great.

“I pinched her nipples to feel if it was OK,” the man said.

He and his attorney brought several whips and other sex toys to illustrate what is considered normal within the world of BDSM, Body Discipline Sado Masochism.

The 32-year-old held up a ruler to show how someone “warms-up” the body by hitting it lightly, making a slapping sound which echoed throughout the courtroom.

“I can tell if it’s going to cause a bruise or not,” he told the court and went on to explain what the girl has said she wanted when the two of them met.

TT/The Local (news@thelocal.se/08 656 6518)

What do you think? Leave your comment below.

Fark It! Digg This  Share everywhere
Send to a friend Printable version Twitter This

Your comments about this article:

The comments below have not been moderated in advance and are not produced by The Local unless clearly stated. Readers are responsible for the content of their own comments. Comments that breach our terms and conditions will be removed.

11:30 September 14, 2010 by hpunlimited
Lets take American football, rugby and wrestling to court too.
12:42 September 14, 2010 by StuartM
Violent sex with someone who is mentally and psychologically unwell (or in a position of weakness generally) is a form of abuse and I hope the court finds the man guilty so as to send out a clear message to others.
12:53 September 14, 2010 by byke
If the girl was mentally unwell, then it must be the carers responsibility to ensure such a person doesnt get into harms way or look to self harm. I wonder if the girl herself agrees with this court trial?
12:56 September 14, 2010 by Audrian
The man is a violent criminal, no doubt about it. It is similar to a German man who consented to be eaten and was eaten by a compueter engeneer one pieace of flesh at a time.
13:47 September 14, 2010 by bocale1
if you want to kill yourself you do not attend a SM session, you just do it.

As hpunlimited wrote correctly, there are many activities that are more painful and dangerous than this.

Again, I am afraid that here we are not discussing the SM in itself; what Ulrika Rogland wants to prove again is the old stereotype of violent man versus victimized woman, missing totally the point.

I am sure that nobody would have filled the case if the the woman was in the role of the mistress instead (and this happens quite commonly in the SM community).

Ideology against personal freedom again. Let´s free people decide by themselves what to do with their bodies.
14:23 September 14, 2010 by zooeden
Yeah well the man was probably not an emminence in Psychiatry right??? He was on the BDSM ride and wanted a good time within their world. A world by the way which none of us know, or at least the majority. So they have their interests, their methods, rules and even gestures. 16 I have to agree is still young but same happens with sex appetite, 32 might not be that old also to know better, both have issues but if she wanted all that treat and then she got it, the law is not even remotely gonna consider that case, there is no crime... Boxing, take the round number 8th, guys KO the contender, he dies of the punch: there is no crime, they knew the game, one of them is mentally ill and more agressive still, no crime after agreement!!!!

Look instead at the abusive parents of the girl or the lascivious family members she had to comfront or the bullies she dealt with, deal with that people!!!!
14:24 September 14, 2010 by StuartM
@bocale1

This case involves a 16 year old girl who was mentally ill and self-harming. The man here took advantage of someone in a vulnerable position and in no fit state to meaningfully consent to what happened. He is an abuser and should be treated as such. It's not about moral judgements or about trying to prove some feminist point, rather it's about protecting the vulnerable from abuse. I'm sure there would have been no trial if both of them had been psychologically healthy adults in a relationship based on equality and respect. That was clearly not the case here.
15:22 September 14, 2010 by Nika-NM
While this man was demonstrating the particulars BDSM the parents of the girl were there? Didn't they faint at least five times?
15:41 September 14, 2010 by bocale1
@StuarM,

a person mentally ill should be kept under some sort of custody for its own safe.

This was not the case because, as far as I can read in the article, she was not undergoing any sort of treatment.

If she was mentally ill, any sort of sex would hav been an offense (I fully agree with this); instead, prosecutor Ulrika Rogland said "What I want to establish is that even if they say they are in agreement over this then you are not allowed to seriously assault someone".

The fact that she was prone to self-harming behaviour sounds to me quite obvious considering her sadomasochist attitude. But then what?

Let´s not mix matters here; what is questioned is not the capability of deciding of the girl, is the type of sex she chose (that implies some form of violence) that is questioned... and, in a wider perspective, how much freedom is left to each of us!
16:12 September 14, 2010 by StuartM
@ bocale1

Well I'm not sure how exactly the prosecutor is presenting the case but I definitely think the man's actions are completely unacceptable for the reasons I've stated and that he deserves to be found guilty of abuse. If he is then it will hopefully send out a message to others to put the mental and psychological welfare of their sexual partners first and not to take advantage of those in a more vulnerable position. I don't think we're ever going to see people being locked up in Sweden for genuinely consensual BDSM between equals, and neither should we. But those who abuse others, as appears to be the case here, should not be let off scot-free.
17:43 September 14, 2010 by mikewhite
I prefer H&M
17:43 September 14, 2010 by double concerto
Totally unacceptable violence unleashed upon a vunerable self harming young lady, by an obviously potentially out of control sadist with a "thing" about women. .
17:53 September 14, 2010 by CarlBlack
@StuartM: Your reasons are completely unjustified. The article does not mention that the girl is mentally ill, no information about psychological evaluation proving it. It is just another example of Swedish state trying trying to prescribe what people should do within their own private area (for example picking which of the existing addictive substances/drugs are allowed - alcohol, nicotin and coffee, and so on)

Btw. both sadism and masochism are deviations and it is clear who has which in this case. I don't see a reason why person with one of them should be seen as a victim and the other one as an aggressor punishable by law.
17:56 September 14, 2010 by Mack
I think the issue here is the age of the girl and the age of the man. What adults agree to do to each other is one thing but this girl was only 16. He should have known better.
18:04 September 14, 2010 by LundenLad
so this girl, over the age of consent, sought out a sexual partner to do what she wanted, they discussed it beforehand, agreed a safeword, and had a mutually satisfying time. So how was he "out of control"? Attacking women in the street?

Then the case only started because someone else noticed bruises and reported this.

Where are the girl's rights to a private life being respected? If she is a masochist, perhaps the self-harm could be an early exploration of this? Who sets the parameters of what acceptable sex is ?

Obviously the age difference is what makes this stand out, if the man was 17 maybe this would not have gone to court., but possibly there is a shortage of under-18 stern masters in Malmo...
20:37 September 14, 2010 by mikewhite
Maybe if one party is under 18 (21 ... ?), it is only deemed consensual if the other party is too. (Or some variation of that)
21:47 September 14, 2010 by calebian22
Two consenting adults here in Sweden. Government butt out.
03:01 September 15, 2010 by engagebrain
Is boxing legal in Sweden ?
ADD YOUR COMMENT   (YOU MUST LOG IN OR REGISTER TO MAKE A COMMENT)
Today's headlines

Swedish police hunt man for imam shooting

A warrant has been issued for the arrest of a man in connection with the shooting of an Uzbek imam in northern Sweden in February. READ »

Hillary Clinton lines up Sweden visit

Hillary Clinton lines up Sweden visit

Sweden is set to host US Secretary of State Hillary Clinton in early June and discussions will concern green energy, internet freedom, Afghanistan and the Middle East READ (1 COMMENT) »

Ibrahimovic pledges future to Milan

Ibrahimovic pledges future to Milan

Swedish striker Zlatan Ibrahimovic has stated that he is happy at AC Milan and will honour his contract, while bemoaning the club's lack of financial muscle. READ »

'Retard doll' shocks Swedish shoppers

'Retard doll' shocks Swedish shoppers

A doll billed as a "real retard" found its way into stores in Gothenburg in western Sweden on Thursday, prompting strong reactions about a campaign meant to draw attention to the treatment of people with disabilities. READ (12 COMMENTS) »

Woman jailed for fatal love-triangle stabbing

A jealous Swedish woman who murdered her ex-boyfriend’s new partner in September has been sentenced to 14 years in prison. READ (13 COMMENTS) »

THE LOCAL LIST
Ten signs that you've 'gone native' in Sweden

Ten signs that you've 'gone native' in Sweden

After having lived in Sweden for a certain number of years, many ex-pats start asking, “Am I going native or what?” Check out The Local's guide to tell-tale signs that you may be more integrated into Swedish society than you first realized. READ (16 COMMENTS) »

EUROVISION SONG CONTEST
UK wildlife park animals catch ‘Euphoria’ fever

UK wildlife park animals catch ‘Euphoria’ fever

The Paradise Wildlife Park in the UK has pledged their allegiance to Sweden in the Eurovision song contest by making their own film version of Loreen’s “Euphoria” – complete with dancing animals. READ »

Swedish school reported over 'holy' yoga lessons

Swedish school reported over 'holy' yoga lessons

The "om" chant featured in yoga lessons at a Stockholm school has prompted a complaint calling for them to be banned because of the term's ties to the Hindu religion. READ (25 COMMENTS) »

More National

Highlights from Follow Sweden

Meet Sanna, 9 years old

Sanna is one of 2 million people in Sweden under the age of 18. Sweden is seen as a good place to grow up. The law makes sure children are well-protected and defends their rights and any organizations work with children's well-being. Read more »

Strindberg, king of drama

August Strindberg's plays shocked society, dazzled audiences and revolutionized drama. A century after his death, Strindberg, with his powerful, timeless themes, is celebrated around the world. Read more »

 

Blog Update: The Local's Blog

23 May 16:27

Prime Minister Reinfeldt chats with The Local »

"If you missed it yesterday, here’s The Local’s editor David Landes snagging Prime Minister Reinfeldt for a chat before Princess Estelle’s baptism. Always nice to know the PM has time for TL!" READ »

Highlights
Thegreenj/Wikipedia (File)
OPINION »
Swedish journalist and columnist Ola Tedin to reflect on how a sometimes uncritical media appears to serve the interests of the Swedish state
Photo: Shayne Kaye/Flickr (file)
BUSINESS & MONEY »
Nine of ten tourists 'happy' with Sweden
DoToday
LIFESTYLE »
What's On: The Local's guide to upcoming attractions and events in Stockholm, Gothenburg and Malmö.
German ambassador Harald Kindermann
OPINION »
Harald Kindermann, the German ambassador to Sweden, talks to The Local about the importance of the German language, nuclear power, and the legacy of the Stasi.
Claudio Bresciani/Scanpix
LIFESTYLE »
The Local's coverage of the baptism of Princess Estelle
Björn Tesch/Arbetsförmedlingen (File)
BUSINESS & MONEY »
Sweden drifting from 'Swedish model': report
The Local Street Style - Lund
GALLERY »
The Local's Street Style from Lund, southern Sweden.
Olle Lindeborg/Scanpix (File)
OPINION »
The problem of profiting ex-politicos isn't simply money, money, money, argues contributor and historian David Linden
LIFESTYLE »
The Local catches up with Sweden’s comedian of the year Al Pitcher and preview our first ever “Local Lockdown” video segment.
Photo: Aprilbell.stock.xcbng.com
OPINION »
Sweden strips foreign doctoral candidates of the same rights as other tax-paying migrant workers, argue a group of doctoral candidates from the Royal Institute for Technology (KTH).
Marco Vasini/Scanpix
SPORT »
Sweden looking for redemption at Euros
Chadawg24/Flickr (File)
LIFESTYLE »
'Are Swedes really more polite in English?'
Photo: Nikater
SPONSORED ARTICLE
Saxony with InterRail: a gateway to central Europe
Photo: AGS
SPONSORED ARTICLE
Moving made easy: Top tips for your international move
Photo: Poker Listings
SPONSORED ARTICLE
No Swedes Signed Up for Most Expensive Poker Tournament Ever
Photo: Jan Videgren
SPONSORED ARTICLE
How Bergman blazed a trail for Swedish film
Photo: Contiki
SPONSORED ARTICLE
Ten great reasons to travel this summer
Photo: Stock image
SPONSORED ARTICLE
Swedish university traditions make foreigners feel at home
Highlights from Follow Sweden
Swedish word of the day

lång

adjective

Lång means long, tall and can be used for height, distance or time.

Latest news from The Local in Germany

More news from Germany at thelocal.de

Latest news from The Local in Switzerland

More news from Switzerland at thelocal.ch

Latest news from The Local in France

More news from France at thelocal.fr

Latest news from The Local in Norway

More news from Norway at thelocal.no

Blog
Highlights from Follow Sweden
New book about Sweden – get to know the country

Sweden – Up North, Down to Earth is a book about Sweden today. A country of natural beauty and open space, and a society focused on equality, human rights and sustainability. Meet regular and astonishing Swedes, supercars and indie rock bands, vampires and royalties.

Buy your copy of Sweden – Up North, Down to Earth from Sweden Bookshop

Search News


Register

Register now for:
> Free use of noticeboard
> Special discounts
> Weekly news roundup
> Unlimited use of discuss

REGISTER FOR FREE »

Volunteer Venture
Volunteer Venture is dedicated to promoting community tourism by welcoming volunteers and travelers to discover the cultural differences in Nepal as English teaching volunteers, orphanage volunteers, Monk teachers and many more
www.volunteerventure.org/
The Local's new Marketplace
Find products and services that are specifically focused on English speakers living in Sweden!
FULL DETAILS
English Speaking Therapist Stockholm
British-Australian Male Counsellor. Counselling Therapy for Depression, Mental Health, Sex, Relationship & Expat Issues
08-559 22 636 or CLICK HERE
Doctor of Psychology
Therapy in English in Stockholm Trained in California Individuals & Couples (08) 93 81 48 FREE phone consultation
Visit anxiousorblue.se
Turning Point Counseling
Turning Point Counselling centre offers the international community of Stockholm a safe space for personal development, counselling and coaching.
http://www.turning-point.se/show.asp
Swedish Down Town
Swedish Down Town PR Consulting and Productions is an innovative business company which provides valuable assistance with Public Relations and Communications in the Swedish and the international market.
www.swedishdowntown.com
QUALITY ACCOMMODATION ON SWEDISH HIGH COAST
Comfortable Fully Serviced Apartments for Leisure or Business Travel Beautiful surroundings. Internet & Sat TV
www.oldriverhouse.se