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Second 'infidelity check' attack ruled to be sexual

The Local · 22 Feb 2013, 11:38

Published: 22 Feb 2013 08:10 GMT+01:00
Updated: 22 Feb 2013 11:38 GMT+01:00

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In a case that wrapped up at Svea Court of Appeals (Svea Hovrätt) in early February, a 28-year-old man who had ripped his girlfriend's trousers and underwear off in a fit of jealousy was cleared of rape. The crime was instead reclassified as "unlawful coercion," which entailed a significant reduction in his sentence.

The ruling raised eyebrows in Sweden after the Court of Appeals explained its judgement by saying the attack was "not sexual in nature.

Following initial media reports about the Stockholm case, reports emerged that the Göta Court of Appeal in Jönköping (Göta hovrätt) had also ruled in a similar case. Instead of throwing out the sex crime conviction, judges underscored that the act of inserting fingers into a woman's genitals was in itself a "sexual violation".

"It doesn't matter what the purpose was," appeals council Andréa Erliden told the TT news agency.

"It relates to the woman's sexuality."

The second man, who had forced his girlfriend to take off her underwear to undergo the "infidelity check," was convicted of sexual coercion.

In the previous case, that of the 28-year-old man in central Sweden who saw the rape verdict quashed, the defendant had torn his partner's clothes off.

Erliden told TT she would welcome a clarification of the legal code.

Story continues below…

TT/The Local/at

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Your comments about this article

09:05 February 22, 2013 by RobinHood
Now I'm all confused. Can I rip off Mrs Hood's underwear and give her a good probing, or can't I?
09:19 February 22, 2013 by e1zorro
As long as it's just a quick check under the hood
10:13 February 22, 2013 by allnotmoney
that is not a crime but it is a cream
10:40 February 22, 2013 by J Jack
How can you tell by your finger if she has been banging another dude .. the smell? Sweden .. infidelity . is there such a thing?
11:41 February 22, 2013 by Rishonim
You can tell by the fingers check the same way you can tell if you car engine need oil. You dip the stick in and if it comes up dry then you know and viceversa.

I wonder where is the Swedish outrage in this... ??? They wanted to go out and boycott Chris Brown concert and guess what, she, Rihanna is back with him....
11:48 February 22, 2013 by Flutterbye
This is unbelieveable, I assume the men doing the testing are from a certain so called "religion"....disgusting.
15:48 February 22, 2013 by k2kats
Some folks might find it useful to study Anatomy 101, Logic, and Intro. to Psychology.
17:45 February 22, 2013 by spanca
Well in both the cases its hight of idocy to tear woman clothes to make her ashmed and infedelity which the worst action but both are punishable offence
21:01 February 22, 2013 by dizzymoe33
Once again stupid laws!! The women need to go out and cut some dicks off and say I thought you were having sex with someone else.
22:11 February 22, 2013 by AfroSwede
'infidelity check'? Typical attitude of jealous Swedish men
09:15 February 23, 2013 by truthcode
I have seen with my eyes at parties,Swedish women get drunk and do not know who is the guy lying donw , is something that is in the culture.
18:39 March 3, 2013 by Khaliil
@ Flutterbye - What religion would that be? All the religions I know do not allow premarital sex, so a 'girlfriend' is out of the question.
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