• Sweden's news in English

Fork attack not rape: Swedish court

The Local/dl · 3 Aug 2011, 15:01

Published: 03 Aug 2011 15:01 GMT+02:00

Facebook Twitter Google+ reddit

Earlier this year, the 35-year-old who carried out the attack was convicted of rape and aggravated assault by the district court in Växjö in central Sweden, the local Smålandsposten newspaper reported.

While the fact that the man shoved the handle of a grilling fork up the women's vagina is not in dispute, the court of appeal differed from the lower court on the question of how helpless the woman was at the time of the attack.

At issue is the extent to which the woman, who had ingested alcohol and pills, can be considered to have been helpless when the 35-year-old assaulted her.

The lower court deemed the woman to be in a helpless state because of the influence of alcohol and drugs.

However, the Göta Court of Appeal ruled that the woman was very much aware of what was happening, immediately expressing to the 35-year-old that what he was doing was unacceptable.

Story continues below…

Thus, the court ruled that the woman wasn't sufficiently intoxicated for the attack to count as rape, the court found.

Instead of being convicted of rape, the man was instead convicted of sexual assault and his sentence was reduced from two years, 6 months in prison, to two years in prison, the newspaper reported.

The Local/dl (news@thelocal.se)

Facebook Twitter Google+ reddit

Your comments about this article

15:30 August 3, 2011 by RobinHood
Please don't look for logic within Swedish legislation relating to sexual offences. Even Swedish lawyers and judges don't pretend they understand it any more. Those that say they do are liars or mad.

When in Sweden, it's best to abstain from sex. Hedgehogs can be a bit risky too, and home-made nuclear reactors are a definite no no.
15:35 August 3, 2011 by calebian22
So if a woman is able to say, "no," the rape is only an assault? Not drunk enough? That can't be the law. Please, please, please let this be a Local translation error!
15:42 August 3, 2011 by jacquelinee
@ Streja

And yet another instance of Swedish legal idocy. And people wonder why I have a bad attitude towards Swede.

"Thus, the court ruled that the woman wasn't sufficiently intoxicated for the attack to count as rape, the court found."

I guess in the Swedish judicial system,forced sex is consentual sex unless you are slamming drunk.
15:51 August 3, 2011 by Polarbear
I remember when I moved here in 2004, forced sex was not rape if the victim was drunk , drugged or passed out. The logic was that they would not remember it so it was not really an offense. I was shocked and horrified at this. Now forced sex is not rape if the victim is not deemed drunk enough. This is a little confusing especially when you think about the allegations made against Julian Assange. I guess the courts do whatever they want, it is all about freedom and individuality here! Or so they are told....
15:59 August 3, 2011 by Svensksmith
What the fork?
16:04 August 3, 2011 by andyron2
the logic just bowls me over again.With swedish legislation,looks like every time they make a joke its a law, and everytime they make a law,its a joke.
16:16 August 3, 2011 by conboy
Swedish judges in the main are political appointees nominated by political parties. Red necked jack asses on the hunt for an easy buck often occupy these positions and are called Rådmän. it is a ridculous system and should be reformed. The courts of Sweden are riddled with political interference never more dramatically exampled than by the ludicrously entitled Regeringsrätten another crew of political appointees. No separation of institutions whatsoever. Root and branch constitutional change is required in Sweden from the monarchy to the judiciary. In the final analysis Sweden is a dramatically underdeveloped democracy with the exception of their excellent regional government structures.
16:29 August 3, 2011 by J. L. Belmar
Swedish laws where made by Kafka. He could not include them in a book he was preparing because he died of a heart attack after he learned about the stupidities that everybody who is commenting this story, have witnessed.

The poor woman was not drunk enough, so she was eager to be penetrated with a grilling fork. Well, well, if this is not one more proof about the legal system in Sweden I do not know anything more.

i certainly wish that some of the women at the Gota Court of Appeal would suffer the same ignominy. I am quite sure they would never consider the attack as not rape.

Rape is rape and it does not matter how a woman is at the time the bastard committed its crime.

Rape is Rape, for me and for any person with some decency, except for the people working at the Gota Court of Appeal.

Are women in the need of a chastity belt or a pair of scissors to cut the perpetrators penis? or what.

It is about time that women stand for their rights. This has nothing to do with feminism. It has to do with respect for a human being who is attacked my a monster and gets away with his crime.
17:02 August 3, 2011 by Avidror
But that makes nonsense. A rape is a rape, regardless of whether the victim is conscious or not.
17:23 August 3, 2011 by neoz717
Emm,,, not to sound like a sicko, but how the hell did this happen though ?

They where nudists and during the meal he decided to put a fork in it or ?

From my own experience, i had a friend who had sex with another friend, the girl was a Swed, she had consensual sex with him and we all knew that, while camping.... She later said that he raped her because she was ashamed to have had sex with him...

I am not trying to say that is the case with this, but Girls and Boys both lie... What actually happened is the true question to ask here ?

Does anyone have a link to the news where this first happened ?
17:31 August 3, 2011 by cutthecrap
A nonsensical conclusion bought about by some very warped and diseased liberal minds, inhabiting cloud nine. Liberalism in Sweden seems to have taken on the form of a sort of extreme liberal Taliban. Dishing up some strange concoctions indeed, and bearing no relation to common sense or reality.
17:31 August 3, 2011 by J. L. Belmar
Definition of Rape. The exact definition of "rape" differs from state-to-state within the U.S. and by country internationally. In the US, it is often called "criminal sexual conduct in the first degree". Generally, rape is defined as sexual contact or penetration achieved:

without consent, or

with use of physical force, coercion, deception, threat, and/or

when the victim is:

•mentally incapacitated or impaired,

•physically impaired (due to voluntary or involuntary alcohol or drug consumption)

•asleep or unconscious.

One of the most critical issues regarding rape is consent. Sexual activity should not take place unless both parties have freely given consent, and consent is understood by both parties.

•silence does not mean consent.

•if consent is given under duress (physical or emotional threats), then it is not given freely or willingly and sex with a person consenting under duress is rape

•if someone is impaired due to alcohol or drugs, that person is deemed incapable of consenting and sex with that person is rape (even if the impaired person says "yes")

When will the stupid "lawyers", I mean, the stupid "Swedish lawyers" understand that a NO is a NO? and what is rape?

The way they are judging the rape cases, a poor girl that was attacked on her way home by a gang and raped by all of them, was not raped because she was not drunk enough.

We, and I mean, we, must stop once and for all this idiocy. QUOESQUE TANDEM?

A question: What is the country of origin ot the raped women? and

what is the country of origin of the rapist? Perhaps the rapist is related to one of the lawyers working at the Gota Court of Appeal.

What do you thing about my question?
17:46 August 3, 2011 by Kevin Harris
The conviction was reduced on appeal from rape, to the lesser offence of sexual assault by way of the insertion of a barbeque grilling fork into his victim's vagina. He got a six month discount and got two years instead of two years and six months. Juristictions differ on whether rape is possible using anything other than a penis and a vagina, the UN and the FBI, and many countries, define all other types of non-consensual sexual insertions as sexual assault.

The real scandal, is not the definition of the offence that was committed, but the fact that in Sweden, if you shove a barbeque grilling fork into a non-consenting woman's vagina, you will be sentenced to two years imprisonment, and serve less than a year. If you use your penis instead of a barbeque grilling fork, you will be sentenced to two years and six months and serve slightly over a year. Is there anybody at all in Sweden (apart from would be rapists and sexual criminals) who thinks that's OK?
18:07 August 3, 2011 by StockholmSam
Cook-out at my place! Everyone is invited!
18:32 August 3, 2011 by Grandson of Swedish Emigrants
Swedish citizens should be very ashamed of their "legal/justice" system. If the story as written is correct, I think that Swedes everywhere should have the judges who rendered the appeal decision be disbarred and loose their judge positions, and that legislators be forced to change the laws.

I thought that the Wikileaks founder Julian Assange case was bizzare. Then I heard about the case of the sports figure who was arrested for prostitution because the evidence against him was that he had sex with women who were eastern european and spoke with an accent. Then there was the story about the woman who used excessive force to kick, hit and beat down a drunk that "groped" her and the prosecutor that that was just fine. About every couple months there is a story about some bizzare case involving "sex" that shows that the Swedish legal system is arbitrary and has nothing to do with jusdice and has everthing to do with the bias of the police/procecutors/judges.

I would never trust the Swedish legal system as it has no attempt to render jusdice. How very sad and shameful. The Swedish people should immediately do something about it.
18:38 August 3, 2011 by HYBRED
I just now realized that a woman has a built in grill fork holder. Maybe she can hold the burger flipper in the other place.
19:17 August 3, 2011 by J Jack
I live in Sweden, and I have a grill fork, be afraid. Don't be surprised when they show up in sex shops.
19:59 August 3, 2011 by HYBRED
Now people will go around forking each other.
20:09 August 3, 2011 by Addendum
Don't the courts now consider the victim's cultural background, so that a man who rapes a sexually liberated woman receives less of a sentence than a man who rapes a woman who has conservative opinions on sex?

In other words, it is not as bad to rape a non-religious woman as it is to rape a religious woman.
20:31 August 3, 2011 by HYBRED

"Don't the courts now consider the victim's cultural background, so that a man who rapes a sexually liberated woman receives less of a sentence than a man who rapes a woman who has conservative opinions on sex?"

Why don't you get raped and then tell us that your liberal/conservative opinions on sex should have an effect on sentencing?
21:24 August 3, 2011 by Addendum

Sorry - I don't understand your comment, but "Why don't you get raped..." is a really horrible thing to say to someone. Perhaps you didn't understand my comment.

I do not agre with the Swedish system. I believe that all victims should be equally respected, whether the victim be a prostitute or a prude. I think that women who choose to have sex outside of marriage should not be treated less fairly than their conservative peers - to each her own.

However, I've heard that Swedish courts do take this (sex history) into account. So that a man who rapes a woman who is non-religious does not get punished as harshly as a man who rapes a religious woman.

I think this is horrible. I think this punishes and devalues women who choose a non-conservative lifestyle.
21:32 August 3, 2011 by McChatter
BAN ALL SEX IN SWEDEN! That's the easiest. What a warped people! Sick!
22:20 August 3, 2011 by dizzymoe33
What a joke and what a stupid justice system Sweden has.
23:14 August 3, 2011 by KungsholmenGuy
Until the 1970's one could get the death penalty in some US states for rape.

Rape can destroy a woman's life. Is it only 2 and a half years for rape in Sweden because rape here can be for something as minor as having sex without a condom?

Or is it 2 and a half years regardless of the brutality involved, because Sweden believes that all offenders, no matter how psychotic, can be completely cured in this length of time, and that the victim only deserves 2 and a half years of comfort that her rapist will not be able to return to attack her again?
05:36 August 4, 2011 by Grokh
stick a cucumber on the ass of the judge and legislators and say "its not a real dick so its not rape" -_-x
08:14 August 4, 2011 by HYBRED

I first misunderstood your post. I apologize.
08:47 August 4, 2011 by Tennin
Goodness, before it was too drunk so it doesn't count as rape. Now it's wasn't drunk enough. Will the Swedish courts please make up their minds.

I guess if he only gets 6 months for sexual assault then, maybe for the sake of umm say revenge the lady should be allowed to do the same to that guy. See how he feels to be forked. After all if he's not drunk it's not rape. (BTW I wrote this using HUGE sarcasm.)
09:37 August 4, 2011 by cogito
You are in Sweden now. This is how we do things in Sweden.
09:40 August 4, 2011 by J. L. Belmar
Let us all fork the forking Swedish court with a huge set of forking forks, so they can feel deeply in their forking you know what, what it is to be forked without being forking drunk.
12:00 August 4, 2011 by Dano
I think the low sentence and the struggle to classify the crime tell us a lot about the circumstances of this case.

"Drunken barbeque with high jinks from both sides" ..is what comes across to me.
12:00 August 4, 2011 by BrittInSweden
Surely it was never rape anyway and was always sexual assault as it was a fork handle and not his penis?
14:11 August 4, 2011 by Grindsprint
this is probably just bad reporting. OF COURSE no court would base a verdict on "that she wasn´t drunk enough" This story is obviously much more complex.
20:29 August 4, 2011 by jacquelinee
@ J. L. Belmar


@ Grindsprint

No court except one in Sweden.
10:18 August 5, 2011 by J. L. Belmar
20:29 August 4, 2011 by jacquelinee # 33

He, he, he. I thought you had been eaten by the forking sharks around you.
11:31 August 5, 2011 by Grindsprint
Hehe the sweden bashers at it again :) It´s so amusing cause it´s so obvious that you are desperate losers :D get well soon
12:53 August 5, 2011 by cogito
@Grindaprint #32 & 35

"Obvious"? You seem to find much "obvious" that no one else here does.

Probably because they are all just dumb-loser foreigners, right?

(btw: The Swedish judicial system is rife with amateurism at best, at worst, corruption.)
14:04 August 5, 2011 by muscle
I am thinking about studying swedish law in detail now.
15:05 August 5, 2011 by J. L. Belmar
14:04 August 5, 2011 by muscle # 37

I am in more need of money than the wastebasket.
Today's headlines
Facebook slammed for cutting Swedish breast cancer video
File photo of the landing page of the Swedish version of Facebook. Photo: Christine Olsson/TT

The social media giant removed a breast cancer awareness video because it deemed the images "offensive," according to the Swedish Cancer Society.

Pastor rapped for depicting rival as Nazi in church play
A different pastor. Photo: Christine Olsson/TT

The pastor allegedly found it funny.

In Pictures: Look inside this perfect Swedish island home
This modern Gotland home was designed and built by two Swedes. Photo: United Frog Studios/AB

Anna-Lena and Johan designed and built their home with tall beautiful windows, a smart heating system, and a separate section for their greyhounds.

Cannabis worth millions seized at Swedish port
A file photo of a Swedish police cannabis find not related to the story. Photo: Polisen

The 300kg haul was found by in a truck which drove off a ferry in Karlskrona.

Roll over Volvo: there’s a new Swedish car in town
Photo: Björn Olsson

Car developers in Gothenburg have given Volvo a new sibling.

Thaw trip: Swedish PM Löfven heads to Saudi Arabia
Margot Wallström was at the centre of the 2015 diplomatic crisis. She will not join the Prime Minister on his trip to Saudi Arabia. Photo: Adam Ihse/TT

There are fences that need mending.

Here's where it could snow in central Sweden this weekend
This shot of snow in western Sweden may not be as far away as you think. Photo: Johan Eklund/TT

...and it's still only October.

Fury at plans that 'threaten the IB's survival' in Sweden
The new rules are unfair, say Swedish IB pupils. Photo: Berit Roald/NTB scanpix/TT

A new system for converting the grades of International Baccalaureate students in Sweden will make it almost impossible for them to get into top Swedish universities, it has been claimed.

Education doesn’t always pay in Sweden: study
Nurses are paid less than a lot of non-college graduates. Photo: Bertil Ericsson/TT

Half of Swedish graduates would earn more in their lifetime if they instead started work straight after high school, a new study shows.

What's On in Sweden
Five ways to discover something new in Sweden this weekend
Frank Zappa's symphonic works will be performed in Malmö this weekend. Photo: Anonymous/AP

From a performance of Frank Zappa's unheralded orchestral work to an intriguing combination of circus and opera, Sweden has some unique events this weekend.

Sponsored Article
This is Malmö: Football capital of Sweden
Analysis & Opinion
Are we just going to let half the country die?
Sponsored Article
Where is the Swedish music industry heading?
Angry elk chases Swede up a lamp post
The Local Voices
'Alienation in Sweden feels better: I find myself a stranger among scores of aliens'
Blog updates

8 July

Editor’s blog, July 8th (The Local Sweden) »

"Hej readers, It has, as always, been a bizarre, serious and hilarious week in Sweden. You…" READ »


6 October

10 useful hjälpverb (The Swedish Teacher) »

"Hej! I think the so-called “hjalpverb” (auxiliary verbs in English) are a good way to get…" READ »

Sponsored Article
7 reasons you should join Sweden's 'a-kassa'
People-watching: October 20th
Sponsored Article
Why you should 'grab a chair' on Stockholm's tech scene
The Local Voices
A layover at Qatar airport brought this Swedish-Kenyan couple together - now they're heading for marriage
Swede punches clown that scared his grandmother
Fans throw flares and enter pitch in Swedish football riot
Sponsored Article
Stockholm: creating solutions to global challenges
Could Swedish blood test solve 'Making a Murderer'?
Sponsored Article
Swedish for programmers: 'It changed my life'
Property of the week: Linnéstaden, Gothenburg
Swedish school to build gender neutral changing room
Sponsored Article
Top 7 tips to help you learn Swedish
People-watching: October 14th-16th
Sponsored Article
How to vote absentee from abroad in the US elections
Man in Sweden assaulted by clowns with broken bottle
Nobel Prize 2016: Literature
Sponsored Article
'There was no future for me in Turkey'
Watch the man who discovered Bob Dylan react to his Nobel Prize win
Sponsored Article
‘Extremism can't be defeated on the battlefield alone’
Record numbers emigrating from Sweden
Sponsored Article
Stockholm: creating solutions to global challenges
People-watching: October 12th
Sponsored Article
Why you should 'grab a chair' on Stockholm's tech scene
The Local Voices
'Swedish startups should embrace newcomers' talents - there's nothing to fear'
Sponsored Article
'There was no future for me in Turkey'
How far right are the Sweden Democrats?
Sponsored Article
Where is the Swedish music industry heading?
Property of the week: Triangeln, Malmö
Sponsored Article
Last chance to vote absentee in the US elections
Sweden unveils Europe's first elk hut
People-watching: October 7th-9th
The Local Voices
Syria's White Helmets: The Nobel Peace Prize would have meant a lot, but pulling a child from rubble is the greatest reward
Missing rune stone turns up in Sweden
Nobel Prize 2016: Chemistry
People-watching: October 5th
Must-watch: Incredible time-lapse video of Northern Lights in Sweden
The Local Voices
Why this Russian developer is committed to helping refugees - with tech
jobs available