(edit title) Can someone explain to me this law regarding The use of a condom during sex? Rating Options

[byke]

According to some reports surrounding the Assange case, one thing that is classed as "rape" in Sweden is the act of sexual contact without the use of a condom in combination with the recipient/s express acknowledgement and consent to "bareback".

Is there really such a law, and if so ... Is there any subtexts or definitions regarding the release of bodily fluids?

[klubbnika]

Hahaha. I wanted to write this myself after reading what he said in an interview the other day.

No, there is no law. It exists only in Assange's sick fantasy.

EDIT: He also thinks that sex with a sleeping woman without her permission should be regarded as a "surprise" and not a crime.

Funny way of thinking.

[skogsbo]

EDIT: He also thinks that sex with a sleeping woman without her permission should be regarded as a "surprise" and not a crime.. Funny way of thinking.

so by his theory, all rapes are really just suprise sex too then? Plus if he skinned up first, it's polite suprise sex.. he truly is an ar$e.

[byke]

I found this information on another website regarding the latest trial which Mr Assange lost his appeal, and according to the site (not an official court site) enclosed is the suspected charges that Sweden wishes to question him regarding.

I found #3 scarily open to interpretation.

 

 

[klubbnika]

so by his theory, all rapes are really just suprise sex too then? Plus if he skinned up first, it's polite suprise sex.. he truly is an ar$e.

Yep, I remember very clearly how his lawyer here in Britain argued that in countries other than Sweden "sex by surprise" is not a rape.

Oh well, I don't know whether this is truth, but why compare to other countries? In some other countries it is OK to stone a women to death, it is OK to beat women and to treat them as inferior human beings. How is it relevant to his actions in Sweden?

JA thinks he is above the law. Any law.
My opinion is that he has serious psychological issues. At least Aspergers.

[byke]

I love this assertion of trial by media, and then evoking an attempt of independence of open opinion while smearing a persons character with hearsay and opinions to charges that have yet to be made on a basis of self merit.

Regardless of this current judicial investigation involving 1 individual.

It is apparent that in this modern day and age, battles are being fought not on the front lines. But on those of the electronic super highway. As irrespective of guilt, trial by coercion of information holds greater power than the bullets of yesterday.

[klubbnika]

byke,

what do you mean by "trial by coercion of information"?
I have really tried to understand this phrase from all possible angles but it doesn't make sense.

[byke]

In the context in which it was written it refers to the use of perjury to influence public opinion outside a court of law. For the use of political, personal or financial reasoning, that could pervert a judicial case.

Again, so far we have only seen the suspected crimes via a warrant for extradition which the person who is accused hasn't been charged.

However what is interesting to note is the alleged breaches of conduct that would seem to question the legitimacy or competency of those who seek an extradition.

And while there is speculation/rumors etc on both sides of the yays and nays regarding the accusations against J.A - this idea of trial or influence by bias reporting (social media etc) is very dangerous and threatens the independence of courts of law. If governments adhere or use such tactics to swing public opinion on specific cases, then we run a very large risk of loosing democratic freedoms.

So far the legal case held in the UK regarding the extradition to sweden has highlighted many causes for concern.
But rather than relay hearsay ... see the link for yourself.

http://www.judiciary.gov.uk/Resources/JCO/...ge-judgment.pdf

[Bender B Rodriquez]

Again, so far we have only seen the suspected crimes via a warrant for extradition which the person who is accused hasn't been charged with yet.

Swedish law does not allow charges to be made against someone that is not present.
I suspect the formal questioning for which the EAW was issued is a "slutdelgivning", i.e. showing the complete evidence to the accused before formal charges are made. Assange is already "häktad i frånvaro" or "detained in absence"; "häktning" only happens right before formal charges are made.

Swedish law has several levels of detainment before a court procedure:
1. The police may detain suspects for questioning for a short period, this is called "gripande". This is only for a few hours.
2. The prosecutor may also make an "anhållan" to detain the suspect awaiting "häktning". An "anhållan" may only last for three days.
3. Finally, the prosecutor may apply for a court order to perform a "häktning" before formal charges are made. Charges then have to be pressed within 14 days or a new court order is required.
4. When all evidence is collected the prosecutor will share it with the accused and will have a last formal questioning before they press charges. The accused has to be present during this phase.

Assange is currently awaiting step 4, so it is not just about simple questioning.

[byke]

Bender, thankyou for your last reply.
The more I read into this case, the more complex it seems to get.

But back to this assertion of rape.
If a male and female consent to intercourse with the use of a sheath, and the sheath is damaged through activity. Does the emphasis of responsability lay solely with the male if it becomes damaged? And thus the danger of an accusation of rape?

I am trying to understand the reasoning behind the Section 4 of the justification of the extradition warrant issued. And to try and figure out if it was this claim of the sheath being damaged was what defines the definition of rape?

Basically I am trying to understand what seperates sexual molestation to that of rape?

Cheers.

[byke]

Also, let's say that J.A had been interviewed in the UK via video link or whatever.

If that information had led to the prosecution office to wish to press for charges, How would that have worked? An EAW Extradition to face charges, or extradition for further questioning?

If suspects have to be present when charges are made, can those charges be pre written into EAW's such as this person is wanted to face charges in Sweden for these points (rather than just questioning)?

What I am saying is can suspects be notified that they are wanted to be returned to Sweden to face charges, or does this information itself need to be delivered exclusively by prosecutors of the Swedish state, from within the Swedish state?

[Bender B Rodriquez]

Also, let's say that J.A had been interviewed in the UK via video link or whatever.If that information had led to the prosecution office to wish to press for charges, How ... (show full quote)

Also, let's say that J.A had been interviewed in the UK via video link or whatever.

If that information had led to the prosecution office to wish to press for charges, How would that have worked? An EAW Extradition to face charges, or extradition for further questioning?

If suspects have to be present when charges are made, can those charges be pre written into EAW's such as this person is wanted to face charges in Sweden for these points (rather than just questioning)? ... (hide full quote)

The possible charges are pretty much written into the EAW already; it is the four points you listed previously. Of course, the prosecutor may choose to drop some of those after the final questioning, but she cannot add anything to that list.

What I am saying is can suspects be notified that they are wanted to be returned to Sweden to face charges, or does this information itself need to be delivered exclusively by ... (show full quote)

What I am saying is can suspects be notified that they are wanted to be returned to Sweden to face charges, or does this information itself need to be delivered exclusively by prosecutors of the Swedish state, from within the Swedish state? ... (hide full quote)

It you can get hold of the defendant "slutdelgivning" and "åtal" can probably be made even though the person is not physically in Sweden, however, this is not the standard procedure. The standard procedure is to issue an EAW asap, i.e. as soon as you intend to give a final notice "slutdelgivning". The EAW does not require formal charges.

[Bender B Rodriquez]

But back to this assertion of rape.If a male and female consent to intercourse with the use of a sheath, and the sheath is damaged through activity. Does the emphasis of respo ... (show full quote)

But back to this assertion of rape.
If a male and female consent to intercourse with the use of a sheath, and the sheath is damaged through activity. Does the emphasis of responsability lay solely with the male if it becomes damaged? And thus the danger of an accusation of rape? ... (hide full quote)

No, a broken condom is not sufficient for anything. Assange engaged intercourse while the person was sleeping, and it was aggravating circumstances that he did not use condom since he knew the person insisted on it. Sex with a sleeping person is considered rape or serious sexual assault in most countries. As far as I can see, the broken condom is not a part of the possible charges at all.

[klubbnika]

Mind you, Mr ASS-ange claims that in most countries "sex by surprise" is not a crime!

[byke]

Can you provide court documentation on that claim?