The incident took place at the end of April and was particularly shocking for the number of people who were apparently complicit.
The man met the girl, who was on the run from a children’s home, in central Stockholm late one night and went back to a flat in Jordbro, south of Stockholm.
The next morning the girl was still locked in the flat but she managed to call the police from a mobile phone. She said that she had been drugged and raped several times throughout the night. Six other men and a woman were also in the flat.
Two other men, both aged 18, stood trial for rape: one was freed of all charges while the other was sentenced to three months in prison for theft and handling stolen goods.
“It is clear in principle that I will appeal,” said the prosecutor Anne-Marie Nyholm to Aftonbladet.
“I am of the opinion that I can prove that the girl was in a helpless state of mind and that they exploited that.”
When police arrived at the flat they found stolen goods worth 600,000 kronor, including hundreds of car stereos.
All three men denied rape, claiming that the girl had consented to sex. She told the court that she was vulnerable due to a lack of food and sleep, and because she had been drinking.
The court found no evidence that she was in the “helpless state” necessary for a rape conviction where violence has not been used. Neither was there any evidence that the two 18 year olds had used violence.
“Even if the situation stands out as remarkable and shows a lack of consideration and empathy for a young girl in a vulnerable position, it cannot in itself lead to the conclusion that the girl was helpless in the meaning of the law,” wrote the court in its judgement.
In contrast, the 26 year old was found to have forced himself upon the girl.
The four other people who were in the flat at the time were all found guilty of handling stolen goods and given custodial sentences.