Fork attack not rape: Swedish court
The Local/dl · 3 Aug 2011, 15:01
Published: 03 Aug 2011 15:01 GMT+02:00
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.
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.