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Judge: 'I understand why jealous hubby hit wife'

28 Mar 2012, 12:32

Published: 28 Mar 2012 12:32 GMT+02:00

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The incident marks the second time the judge has been rapped for issuing a ruling considered to be degrading towards women, according to Swedish legal trade publication Dagens Juridik.

The judge, who sits on the Attunda District Court, north of Stockholm, issued the ruling after hearing a case of a man charged for assaulting his wife.

"In addition, the woman made herself unreachable by telephone, by which XX, who with justified suspicions of mischief, concern, and growing jealousy had tried to reach her," the judge wrote in the ruling.

"When she finally saw it fit to come home and XX questioned her behaviour his wife answered that she didn't need to tell him with whom of where she had been. In light of her behaviour, it's highly understandable that XX felt insulted, angry, and despondent and, as an impulse reaction, doled out a slap."

The judge went on to say that a comparable behaviour wouldn't have resulted in an indictment had the incident occurred in France, for example.

"In other countries, with a more patriarchal perspective, XX's reaction would have been considered both called for and appropriate," the judge wrote.

Following the ruling, the judge was slammed by Sweden's Parliamentary Ombudsman (Justitieombudsmannen – JO) for a ruling it considered to be written in a "completely unacceptable manner".

According to the ombudsman, the judge's wording was "teasing and insinuating" and he took a "moralizing tone" that lacked legal significance.

Moreover, including a passage theorizing about how the case would have been handled in other countries was "plainly offensive".

"It gives the impression that the court allowed its ruling to be affected by personal and emotional values rather than relevant criteria," the ombudsman wrote.

The case was later appealed, with the court of appeal finding that the woman's behaviour wasn't relevant in determining the level of the man's sentence.

The judge was also criticized by the ombudsman for a 2010 custody dispute ruling in which he appeared to justify the father's violence against the mother.

"Without knowing how the violence occurred or who did what, it can nevertheless be said that it's understandable that the man, in this situation, had a hard time controlling himself," the judge wrote.

In its critique, the ombudsman found the ruling to be "characterized throughout by a tone that must be considered to be degrading toward the woman", prompting the National Disciplinary Offences Board (Statens ansvarsnämd) to slap the judge with a warning.

Story continues below…

The 2010 ruling was later also found to be in violation of the European Convention on Human rights.

In a statement submitted to the ombudsman related to the domestic assault ruling, the judge refuted allegations questioning his impartiality claiming his ruling showed "due consideration" to the woman.

The Local/dl


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Your comments about this article

13:12 March 28, 2012 by Rishonim
With judges like these no wonder rapist spend less than 6 months in jail for raping a 7 year old girl. Welcome to Sweden
13:37 March 28, 2012 by J Jack
The judge mentioned what may be tolerated in other countries leading me to wonder where the married couple (or the husband) are from. Swedish men are not widely thought to be jealous unless there is the potential for material loss.
13:41 March 28, 2012 by mame88
Well said J Jack, well said.
14:08 March 28, 2012 by strixy
Sweden is a horrible country for women, methinks. Rapists are let loose, women cannot even carry a pepper spray and now this?
14:12 March 28, 2012 by mamegoma
Like J Jack said. I have to add so then it is OK for us to hit and let the public throw rocks at women for punishment because they do it in other countries? In some places rape isn't even punishable so then it is OK in Sweden? A REALLY poor excuse. In France and USA they also hit/spank their children. So that makes it OK for it to happen in Sweden?
14:57 March 28, 2012 by StockholmSam
Judge needs to be removed.
14:57 March 28, 2012 by Svensksmith
Time for Hizzoner to move to one of those other countries that he's so fond of.
15:29 March 28, 2012 by kirub
Swedish men not jealous? That explains why they're cynical.
15:42 March 28, 2012 by Old Trafford
Sweden - the capital of Scandanavia
15:48 March 28, 2012 by Roaringwater
Doesn't matter one iota what country this pair are from. Assault and battery is illegal. Full stop.
16:16 March 28, 2012 by libertarianism
According to a Swedish-language site, this same judge (Nils Hedström?) presided over the case where a doctor raped a patient during "touch therapy." In this case as well, the judge cited extenuating circumstances, and assessed the crime less seriously than the Svea court which later tightened both the punishment and the classification.



19:18 March 28, 2012 by HandsomeAmerican
sweden...the pakistan of northern europe...perhaps you can also set up councils to have women raped the way they do in pakistan...and only arrest men for rape if 4 men of upstanding moral values witness the crime.
20:07 March 28, 2012 by Bushyblondehead
Wonder if the judges wife has a black eye?
20:09 March 28, 2012 by strixy
The judge is plain wrong. Even in Poland such behaviour is punishable by law! What a sad mysoginistic individual.
20:36 March 28, 2012 by bethrichardson
Wow - even American judges know better than this!
20:57 March 28, 2012 by johan rebel
This explains the mass immigration from countries where you are expected to beat your wife and children daily: they can happily continue using their wives and offspring as punch bags in Sweden. Makes 'm feel right at home.
21:05 March 28, 2012 by bcterry
I wasn't aware there are sharia courts in Sweden.
21:07 March 28, 2012 by dizzymoe33
"judge has been rapped for issuing"....

Using the word "rapped" is not correct this is an incorrect way to use that word. It makes no sense. You can use the word "reprimanded" or is in trouble or other words that make more sense.

Otherwise violence against another person unless it is self-defense should not be condoned.
01:55 March 29, 2012 by Gamla Hälsingebock
Why didn't she hit him back?
04:01 March 29, 2012 by samwise
would hitting himself on the wall repeatedly be more "understandable" for average swedes? I don't know. I wouldn't complain if my wife gave me a slap in the face when I did all that to her like the woman did to her husband in this story. But I understand the wife is the weaker vessel, physically speaking. Somehow I feel it's more acceptable if the sexes are switched in this story.

"In addition, the woman made herself unreachable by telephone, by which XX, who with justified suspicions of mischief, concern, and growing jealousy had tried to reach her," the judge wrote in the ruling.

"When she finally saw it fit to come home and XX questioned her behaviour his wife answered that she didn't need to tell him with whom of where she had been. In light of her behaviour, it's highly understandable that XX felt insulted, angry, and despondent and, as an impulse reaction, doled out a slap."
05:40 March 29, 2012 by Jeff10
The lesson to be learned from this story is, should one plan to cheat on one's spouse, the cheater should be sure to leave at home the phone.
09:48 March 29, 2012 by Borilla
"Man som hatar kvinnor" - Stig Larssen.

This explains a great deal about the Swedish judicial system. The good old boys take care of each other. The judges will parse the law and squeeze it until it screams to allow rapists back on the street unpunished but will look the other way when there is clear evidence that a man has beaten his wife. No need for speculation about the origin of the couple, the act was contrary to law and should be punished.
09:58 March 29, 2012 by strixy
@Borilla, my thoughts exactly! I also thought about that book!
10:01 March 29, 2012 by Reason abd Realism
Is being a judge here in Sweden like being a tenured professor or a pope, where you get to keep your job for life, or until you decide to retire, regardless of the number of incompetent judgements that you terrorize Swedish society with?

There should be periodic or emergency judicial review panels, where a group of judges can kick an imbecile like this off the bench.

Why only tepid warnings after he has been found to have been in violation by the ECHR? Why is he still allowed to work as a judge?
11:06 March 29, 2012 by zooeden
Love that judge!!!
17:22 March 30, 2012 by ferdio
Well, in real world people should understand that the man has some responsibility to protect his wife, and should anything happen to her in her sneaky, sneaky (Maybe some psyco get her killed and dump her in the river), the poor guy will be the first suspect that most ends in prison for life (If not hanged).

Unfortunately, the 'careless woman' never considers such calamity on the family, especially on the man, should her waywardness lands her in trouble with no witness around to save the husband.

People who play 'Holier than thou' often jumps 'head on' into this kind of issues without even analyzing both sides. Many women do the same thing this man did (Slapping their husband in anger), and it is understandable right?, because, same argument, ... should anything happen, the woman will also be in first line of trouble (Well, not as severe as the man though).

However, in this case, one may say, both are guilty to some extent, one for 'Insult', (You should report her to her parents next time, forget about police), the other for 'Assault' (You should not cause emotion harm to innocent people, answer where you are next time) ...

Case dismissed!
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