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Acquittal for boy who sent naked pics of his ex

TT/David Landes · 21 Oct 2009, 07:38

Published: 21 Oct 2009 07:38 GMT+02:00

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“It’s disgraceful that someone can do this without being punished. That he’s been freed sends the signal to her and other young girls that society doesn’t care about them,” the mother of the 15-year-old girl featured in the pictures told the Svenska Dagbladet (SvD) newspaper following the ruling.

The girl and the boy, now 17-years-old, had been a couple when the pictures were taken. But when the relationship went sour and the girl wanted to break up with the boy, he threatened to send the pictures to all his friends.

A district court had convicted and fined the boy, now 17-years-old, for sexual harassment and making illegal threats because he had also written a passage on the internet which the girl and her mother considered threatening.

In overturning the conviction, however, the Svea Court of Appeal wrote that there is no general prohibition against spreading pictures of someone without their consent, no matter how invasive it may be to someone’s privacy.

To qualify as sexual harassment, an act requires “reckless behaviour” characterized by a “noticeable violation of personal freedom”, according to the court.

This, in turn, requires that the victim is aware of the act when it occurs, the court continued.

The pictures were taken with the girl’s consent, only to be used later in an offensive way.

The appeals court also ruled that it wasn’t possible to determine with absolute certainty toward whom the threatening passage was directed, despite claims by the mother that the passage constituted a death threat directed toward her and her daughter.

The girl has been haunted by the pictures ever since they were taken, according to her mother, finding it hard to leave the house after having received stares by passersby in the small village where the family lives.

Story continues below…

The mother is now worried about what the ruling may mean for the future.

“There’s a risk now that the pictures will continue to be sent around and that there’s nothing we can do to stop it. These sorts of things can happen when you’re young, but at the same time you shouldn’t be able to spread things like this around,” she told SvD.

TT/David Landes (news@thelocal.se)

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Your comments about this article

08:24 October 21, 2009 by Mina08
Typical justice system again failing the victim, everyday there seems to be more & more of this bullsh#t
08:38 October 21, 2009 by MadSlob
i second that!!! Its pathetic!!!
09:09 October 21, 2009 by Keith #5083
Do I understand this correctly? There were naked pictures - we are not told if pornographic in nature - and that she had consented to these pictures being taken?

With phonecameras, mini-digi cameras, pc cameras - either the girl and/or the mother are somewhat naive. Not exactly the gentlemanly thing to do on the boys part. Not exactly the ladylike thing to do on the girls part.

It's pathetic! All this court time and she had consented in the first place! In the search for 'equality of the sexes' is she to blame for allowing the photos in the first place, or he to blame for taking the photos. It seems it was a mutually agreeable

09:13 October 21, 2009 by krow
@ Keith. I second your opinion. Just a good warning to aviod nude pictures and video recording when the going is good and smooth. Secondly, the court would have ruled otherwise if the boy sent out the picture for money making.
10:22 October 21, 2009 by bocale1
Why the mother is not blaming herself to do not have taught her daughter about the risks of such stupid behavior? why the mother did not blame her daughter for having been so stupid in letting her boyfriend take nude picture of her? You cannot always blame laws and justice system for such irresponsible behaviors. If you agree about having taken picture of you naked, then you should consider what the risks are... so, I fully support the court and I am very sad for the continuous attempts of skipping people´s own piece of responsibility for anything bad that happen, always expecting laws and court to step in!
11:02 October 21, 2009 by La Figaro
I support most people's comments here, why take nude pictures in the first place?

Lack of proper decency, morals and values you could say
11:35 October 21, 2009 by Renfeh Hguh
"The pictures were taken with the girl's consent"

No Model release was signed, so the owner of the photos, the boy, has the right to use them how he pleases.

11:56 October 21, 2009 by voiceofreason
Obama: "Be careful what you post on Facebook."

And I'll add "start the way you want to continue, and continue the way you want to end.

The girl never learnt the proper lesson of upholding her dignity as a lady. I bet the mother did the same thing at her age as well because she didn't do a good job of teaching the daughter.
12:15 October 21, 2009 by Canuckle
Although I absolutely agree that if you allow yourself to be photographed nude - you run the risk of the photos being released or used without your consent.

However, what I have a serious problem with is the fact that she's a minor and was a minor when the photos were taken. Why isn't this considered child pornography if she is still a 'child' under the eyes of the law? Could this open the door for others to say - 'Ahh, well I asked the little girl if I could take a picture of her naked - and she said yes, so I can now distribute the photos as I see fit.' This seems like a slippery slope ruling if you ask me.

Teenagers make reckless and irresponsible choices sometimes. And I definitely think she's compromised herself in the worst way. But, I also definitely don't think the boy should have been allowed to distribute the photos. For one reason and one reason only - she's a minor!
12:28 October 21, 2009 by karex

Good Comment! I was about to point out the exact same thing. Seems like most people here have missed the most important point.
12:34 October 21, 2009 by eZee.se

Most probably for the same reason of, I (or you) have sex with a 15 year old and its a crime, but if another 15 year old has consensual sex with that 15 year old.... its not a crime.
12:54 October 21, 2009 by Renfeh Hguh


If canuckle can not see the difference, then that is quite sad for you.

If a 13 year old boy was to take a naked photograph of a 15 year old girl, would you want the boy to be locked up as child porn producing pedofile? After all the 15 year old girl is a minor.

Perhaps even add him to a sex offenders list to prevent him from working with children.
12:58 October 21, 2009 by Rebel
I rather doubr there are too many adults under 50 years of age who have never taken a picture of someone nude or posed for such a picture. I do not think it is an issue of dignity or morals -- it is a question of being aware of the fact of the possible consequences of those pictures existing. If you are okay with the possibility of someone gettig their hands on a picture, or video, and sharing it with others then go for it. If you have reservations against such exposure then don't allow a picture to be taken. Simple as that.
16:54 October 21, 2009 by Canuckle
@Renfeh Hguh

Obviously I'm not suggesting that he be locked up as a deviant sexual predator. What I AM saying is that sexually explicit photos of minors should not be permitted to be released, regardless if the photos are consensual or not and regardless of the age of the photographer.

Isn't that just logical?
17:14 October 21, 2009 by vladd777
In a society 'force fed' with 'anything goes' from cradle to grave is this happening really so surprising?
17:15 October 21, 2009 by DeepFriedTwinky

I agree with Canuckle. She was a minor and in the US that would be a crime. Even if both were minors, the key point is he sent out the private images to others outside of their relationship and he sent sexual images of a minor over the Internet. . .which in the US is a crime.

Yes, she consented. . .yes, something he has learned the hard way, but to a person she trusted at the time of her life and then that person broke her trust. I guess he wouldn't do this if the shoes were on the other foot and it was she who showed sexual images of him to every person who was an adult or minor. She thought, she consented with the guy promising he won't let anyone see it, just them. Come on, do you see the scenario, a couple in a intimate moment of their lives, they're in love, they trust each other and they wouldn't hurt anyone and mislead them. Then bam! Relationship turns bad, and to get back at her, he decides to post the images out to the public for everyone to see. Come on, do you really think she agreed to have the images taken of her and her knowing he will post them out later? Come on, he wanted to hurt her in a way that would damage her so badly in public because their relation fell apart.

Yes, both minors having sex is not a crime, but I have read, recently, a minor sending out sexual images of another minor. . .sexual images of a minor over the internet and that is a crime. And that minor boy has to register as a Sex Offender because HE sent out sexual images of a minor!

@Renfeh Hguh

It's happened!!! . . ..it has happen recently. . .a minor had to register as a sex offender for such acts like you mentioned above.
17:37 October 21, 2009 by Renfeh Hguh

sadly I am not surprised to hear that.
17:45 October 21, 2009 by eZee.se

Please dont mention US laws, most of them have been made into laws as knee jerk effect or influenced by some big industry, plus a lot of them are downright ridiculous, besides, this is Sweden.

While i do agree that it was scummy of the guy, and he should not be allowed to 'distribute' it anymore, i fear its too late, once its out there... its out there, just like music and movies.

Was it foolish of her, absolutely. Giving a large bunch of teen cellphones and not expecting something like this is like giving a baby a rattle and hoping you wont hear a sound from the rattle.

"And that minor boy has to register as a Sex Offender because HE sent out sexual images of a minor! "

Way to harsh a punishment and a perfect example of a knee jerk reaction as well as a political gimmick.

Imagine the boy grows up,becomes a stand up citizen but still has that in his police records, a mistake that the girl first made... then he followed up with.

The blame if anywhere lies with the parents, talk to your damn kids, tell them to consider their actions. She was 15 and naked with a boy.., good upbringing eh?
02:01 October 22, 2009 by Keith #5083
They're both 15 at the time and have lived with the internet and mobile phone cameras for,well, quite some years. Are we being asked to believe/accept that when the girl consented to be photographed she was not aware of the potential problems? Or is this a case of parental anger - and embarassment at the village stares?

The boy's behaviour is not exactly noble - however it must be observed that 'the modern trend towards sexual impressionism' lacks many of the moral/ethical nuances of earlier generations. Maybe we as a society can accept some responsibility for allowing 'Freudian' motivations to dominate advertising,media and entertainment.

I think the court has maintained a sensible and realistic balance in this scenario. If his 'being freed' sends any signal at all, it is that you enter the nude diigital world at your peril. It is for you to have sufficient 'care and self respect'.

But then, this is the same old problem - it was around a lot in the 'swingin sixties' as well.
02:44 October 22, 2009 by Monty Clift
The age of consent in Sweden is 15 so why would taking a naked picture be child pornography? The laws in the UK and US are completely irrational and don't make any legal sense. The age of consent is 16 but yet if a girl sent you a nude picture it could be construed as "child " pornography by some anal retentive female prosecutor even though the Law states that the picture must depict sexual activity not just a naked picture.People have been charged with a crime in the US and UK for what were perfectly ordinary pictures that were viewed in some prosecutor's subjective opinion as "child porn" (like a parent taking a picture of their kid in the bath tub lol) Of course, these absurd cases are dismissed but why should people have to be harassed like this.it is almost always the radical feminists behind this nonsense and even the most fundamentalist religious persons are not crazy enough to do this stuff.
03:33 October 22, 2009 by Weird_X
Sweden = Failure!
21:28 October 22, 2009 by Jimmy
Silly girl she should have taken notice of what Paris Hilton's mother told her.

If you leave him make sure you have everything
22:59 October 22, 2009 by ErnestPayne
A case of youthful indiscretion that should never have reached the courts.
00:05 October 24, 2009 by coot
"And I definitely think she's compromised herself in the worst way. "

I don't think she is compromised at all. There just happens to be some nude pictures of her somewhere.

Ah, but what if it shows up again when she is older? Maybe trying to get a job, or running for public office?

I predict it will be no big deal. When I was her age, tattoos were frowned upon. "A tattoo is forever - what if someday you are trying to get a job, and somebody finds out you have a tattoo???" A teenager getting a tattoo was potentially ruining their life.

But in 15 years, this girl will be in her 30's, and she will be living in a world that is FULL of 30 year olds who were photographed nude with a cell phone. And those other adults are not going to hold it against her because they did the same thing when they were kids.
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