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Woman convicted for hitting bottom grabber

26 Mar 2013, 10:19

Published: 26 Mar 2013 10:19 GMT+01:00

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The 27-year-old who made the unwanted move escaped charges for the incident after a preliminary criminal investigation was dropped.

"This goes to show that it's okay for guys to grab girls any way they want," the 23-year-old woman told the Metro newspaper.

The woman reacted when the 27-year-old man put his hand on her buttocks at Glorias nightclub in Lund last summer.

She instinctively turned to confront the man who grabbed her and hit him in the face so hard she broke the 27-year-old's nose.

In its ruling the Lund District Court agreed that the woman was subject to a "serious provocation", but ultimately ruled her actions couldn't be considered as acting in self-defence.

The court convicted the 23-year-old woman of assault, slapping her with a suspended sentence and a 2,500 kronor ($380) fine, the Sydsvenskan newspaper reported.

She must also pay 1,860 kronor in damages to the man, who had originally demanded 25,000 kronor as compensation for the injuries he suffered during the incident.

The investigation into the 23-year-old's sexual assault complaint was dropped, however, due to a lack of evidence.

Story continues below…

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Your comments about this article

10:48 March 26, 2013 by Borilla
As a man I find the young lady's action perfectly reasonable. This simply exemplifies the ridiculous state of the Swedish "justice" system. Mysogenistic, out of touch both with common sense and reality and a general failure.
11:05 March 26, 2013 by Abe L
Only in Sweden, wonder what the people running the legal system here smoke. We're getting to a point where the American legal system is starting to look sane.
11:30 March 26, 2013 by just a question
The woman will need to pay 1,860 kronor in damages to the man.

Maybe it would have been cheaper to beat him in the balls.

Next time girls, hit those kind of idiots in the balls.

I wonder which morons decide these sentences.
11:57 March 26, 2013 by johan rebel
She should have broken his nose AND kneed him in the balls.

The Swedish court systems is run by certified morons totally out of touch with reality. Only the other day a supreme court justice defended a one-year sentence given for kidnapping, torture, rape, theft, and a whole range of other crimes. The other three defendants got even more lenient sentences.
12:03 March 26, 2013 by Svensksmith
She should have kicked him in the knobbies.
12:07 March 26, 2013 by Meridiean
So...it's ok for men in Sweden to go around grabbing women's assets? Really?

The Lund District Court really IS starting to make the American "legal system" look better - and that's remarkably pathetic any way you look at it.
12:27 March 26, 2013 by prince T
Welcome to swedish justice. This is what julian assange was talking about. If i want some quick cash i will just grab the opposite sex's buttt
12:37 March 26, 2013 by robban70226
What a crazy country full of paradoxes...
12:41 March 26, 2013 by Logic_and_Reason
Oh this is ridiculous. Where can we contribute to a fund to pay this fine for this woman?
13:32 March 26, 2013 by Phillynilly
Anybody else remember the days when pinching a woman's butt was considered flattery and not offensive? She normally responded positively by checking out the man out. Welcome to the new Sweden. Almost impossible to believe the sexual revolution began here.....
13:46 March 26, 2013 by eddie123
quite the bizarre judgement but again, this is Sweden where consistency within the judiciary is lacking. elsewhere around the world, it is ok to act in self defense except in Sweden.
13:48 March 26, 2013 by bcterry
I've been around close to 70 years, and it's never been appropriate to pinch a woman's butt.
14:05 March 26, 2013 by Svensksmith
When was it ever appropriate to pinch a woman's butt? I might pinch my wife's every now and then, but never when she has a frying pan in her hand.
14:08 March 26, 2013 by Phillynilly
Ive been around 50 and I remember when it was... How many did you pinch? You must live in a very small place....
14:44 March 26, 2013 by par4
And this is the country that wants prosecute Assange? Wow! You guys are the Italy of the North.
15:23 March 26, 2013 by johnoleson
The creeping in of sharia law, perhaps? You get to live in the world you ask for I guess.
15:36 March 26, 2013 by Borilla
@#7 & #15 How exactly do you equate prosecuting someone for rape with letting some idiot who assaulted a woman off scot free and charging her? Based on this precedent, Assange should run to court. They will let him off in a New York second. But then he won't be able to get his name in the media anymore will he? That will crush him.
16:54 March 26, 2013 by sweet pete
A woman of Dallas would double-up on their left hook and drop this turkey like a sack of dirt.
16:59 March 26, 2013 by prince T
The mistake assange made was to admit to his deeds and sue the ladies for damaging his name. He would have won in court
17:36 March 26, 2013 by Coaxen
She broke his nose, and there is evidence. She has to pay. If there were cameras showing explicitly how he touched her bottom, then that would be a different case.

It doesn't matter whether you're a man or a woman. Suppose you're in a crowded place and you brushed some guy's ass with your bag or something. Then you get your nose broken. And according to your politically correct judgement, you're the one responsible? Please.

It's all about EVIDENCE.
17:45 March 26, 2013 by kalbininkas
She broke his nose. She overreacted. Deal with it and be grateful she doesn't have to pay more (which she should).
17:59 March 26, 2013 by Phillynilly
Doesn't equality suck....
18:57 March 26, 2013 by sweet pete
Crowded public places are a booty-bandit's paradise!!
19:18 March 26, 2013 by Svensksmith
Next time, she should just grab his sack and squeeze like a vice grip. Won't leave a mark but sure will leave an impression.
19:38 March 26, 2013 by dizzymoe33
What a bunch of garbage!!! He should have to pay her damages for grabbing her ass!!!! What a ridiculous justice system in Sweden. I can't believe it is perfectly acceptable for someone to lay their hands on another person body and that person doesn't have any rights to protect themselves!!! Bullsh*t!!!
20:09 March 26, 2013 by peterrkj
This countrys justice system is a absolute joke is there no way to get these convictions overturned by a judge with some sense. Where I'm from(Ireland) the police would tell you not waste their time and your mates would mock you and revoke your testicle license for being such a wuss:-p, it was just a slap and a deserved one at that no need to go crying to a judge about it.
20:32 March 26, 2013 by kalbininkas
For a broken nose I would expect to be allowed to finger her at least.
20:47 March 26, 2013 by RobinHood
The judgement was correct, and the law is good.

The defence of reasonable force is valid only if the defender's response is proportional to the attacker's violence. If I attack you with a gun, you may defend yourself with a gun, or anything less. If I attack you with a knife, you may defend yourself with a knife, or anything less. If I attack you with a spoon, you may not defend yourself with a gun or a knife. This is not unique to Sweden; all first world countries have something similar, with the exception of the Stand Your Ground defence in the US.

In this case, the force used by the attacker was allegedly a pinch, and the response by the victim was a punch in the face powerful enough to break the attacker's nose. The judge correctly held the response was not sufficiently proportional to the force used by the attacker.

The law is written this way for a reason, it imposes a responsibility on the victim to defend him/herself in a proportional way. It is there to prevent vigilante justice, to ensure the rule of law prevails, and to protect us all.

This is not a comment on whether the man should have been prosecuted for pinching the girl. Perhaps the prosecutor lacked evidence to prove a pinch; I do not know. The prosecutor certainly did not lack evidence to prove a punch on the nose. The broken nose speaks for itself.

Please do not hold me personally responsible for the legal concept of self- defence. It had been refined over several millennia, going back first to the ancient Greeks, then to the Romans and from there to multiple jurisdictions. If you disagree with the law, moan at the ancient Greeks, not me.
20:57 March 26, 2013 by Migga
So a middle eastern man shares his values and views towards ethnic swedish women by sexually harassing one from behind. He is seen by witnesses but the courts doesn`t find him guilty because there is a lack of evidence? Laughable.

The women should have pushed the man away when harassed and then gone looking for a guard. She shouldn`t have stooped down to his level by using violence several minutes after it had happend. She should be fined but so should he.
21:30 March 26, 2013 by Khazara
The picture posted with this article is not of a Swedish woman. Swedish women (9/10) do not have curves where it counts.
23:23 March 26, 2013 by peterrkj
@ robinhood. A question I understand this law was set with good intentions but surely there has to be more to it that because what your saying is for example: if she had fallen unconscious drunk or because he had roofied her and he raped her without force because she was unconscious and she came too during the act and attacked him in self-defense she would be prosecuted assault cause she used excessive force, if so this law needs updated and the judge should use his common sense when looking at the situation, you can kill someone with your bare hands is their nothing based depending on the danger of the situation eg. The persons state of mind like if he/she had completely lost self control and went on the rampage in anger. Sorry for the complicated question I no you had a disclaimer but no ever reads those:p
03:47 March 27, 2013 by ben18616
You people are all kidding right? If a male have had their bum grabbed at a club by a woman is it OK for him to hit her hard enough to break her nose? This is actually a great example of equality and justice in the Swedish judicial system, and hopefully let women know that violence is not OK.
08:24 March 27, 2013 by Flygger
I think it the UK the guy would have been put on the sex offenders register.

Breaking someone's nose is not justified and I'm glad she was fined.

Hope the woman in question understands she simply cannot go around using violence whenever she wants to.

The guy was a creep of course and if there were enough evidence a suitable charge should have been brought against him.

Be cool to publish his photo to name and shame him with a banner headline reading Sex Offender.
09:53 March 27, 2013 by RobinHood
A rape victim is entitled to use a great deal of force to protect him/herself. Possibly even a fatal amount of force. Whether the victim had been asleep or drugged is irrelevant. But, the force must be applied to prevent the rape, not later, as a form of revenge. That is … revenge, not self defence.

The judge does use his/her common sense when deciding proportionality. That is the point. He/she balances the level of violence used by the attacker, against the level of violence used by the defender. The defender's response must be proportional and reasonable in the circumstances.

The judge in this case felt a pinch to the bottom did not justify a punch in the face. The girl's response was too violent for her to justify self defence. If the man had slapped her, or punched or kicked her, perhaps the judge's decision might have been different.

A defender who loses control of him/herself might still be entitled to plea self defence, if the loss of control was reasonable in the circumstances. Usually, letting rip with an Uzi on full automatic would not be reasonable or proportional, but what about a teacher who happened to have an Uzi during an ongoing US school massacre? "Blast away (at the attacker)" would be any sensible judge's opinion. But what if the enraged teacher later used his/her Uzi to execute the defenceless attacker while he/she was pinned to the floor by the police? At that point, proportionality and reasonableness have gone out the window, and self defence is not an available defence.

I hope this helps.
11:36 March 27, 2013 by Tom Billesley
Damages should have been set at 1 kronor
00:21 March 28, 2013 by Max Reaver
Totally agree with @RobinHood on this one.


It's just as RobinHood said. Self-defense is not execution. There is a TV movie from 1998, "I Know What You Did". The story is about a female lawyer specialized in rape cases who got assaulted in her home. She killed the rapist immediately afterwards in an act of vengeance, and got into trouble because her act of killing was not part of self-defense to stop the rape itself.

Since the charge on the guy was dropped due to lack of evidence, one can also speculate whether it really happened or not. In a crowded nightclub ppl bump into each other all the time. What if he didn't even put his hand anywhere on her, or what if it wasn't his hand? From the lawyers and judges pov, they only saw a man with a broken nose after an alleged act of "butt pinching". That's why i think the court made the right call.

I don't say women should allow them to be touched by sexual-harassers like this, but there is no need to break someone's nose for the butt-pinching.
19:46 March 28, 2013 by coldjava
Serves that b.t.ich right.

Only in Sweden can a woman beat the hell out of you but you don't dare touch her all in the name of feminism. Truth is, women in Sweden act like men and the men are controlled by or scared of the women.
19:48 March 28, 2013 by toby_lew
Serves that b.t.ich right.

Only in Sweden can a woman beat the hell out of you but you don't dare touch her all in the name of feminism. Truth is, women in Sweden act like men and the men are controlled by or scared of the women.
19:49 March 28, 2013 by coldjava
Serves that b.t.ic.h right.

Only in Sweden can a woman beat the hell out of you but you don't dare touch her all in the name of feminism. Truth is, women in Sweden act like men and the men are controlled by or scared of the women.
12:24 April 2, 2013 by severity
The next time she hits someone she had better make sure he has bland hair and blue eyes.
08:12 April 4, 2013 by owner2846
@just a question: really? And what would you say when a guy hits a girl for "self defense" because she hit him first? Would you still say that it's justified? Of course the woman would need to pay the money, the guy did not physically harm the woman in any way, but the lady broke the man's nose!

The American justice system is horribly skewed towards the woman side, for all of you that still believe that it is fair. FOR EXAMPLE: In a divorce, there is a 90% chance that the woman gets to keep the child. Why? Don't they know that many men would want to be with their kids and take care of them as well?! Oh let's not forget: the guy gets to shoulder all of the bills, even when he only gets to see him once a week at the most. Why do men get punished for hitting women, while when it is the other way around the judges just laugh it all and believe that the man is weak?! @ peterrkj, btw. Granted, women are usually weaker, but does that mean that they can hit men for free?

The Swedish legal system did a good job in this sentence, and it is so sad that the American system and judges won't learn from their Swedish counterparts. The men deserve more rights here.
07:31 April 6, 2013 by johann2340
Strange gender-biased comments are here in this thread....

Next time when a drunk woman spits in your face because you are a man and you cross accidentally her way, it is OK for you to punch her in return in her face and break her nose?

Violence cannot be accepted, regardless if it is from a man to a woman or from a woman to a man.
15:54 April 6, 2013 by jman01
You don't break a guys nose with a simple slap. This sounds like much more than an objectionable protest with an open palm. But the dude had it coming for all we know there could have been a lot that led up to that initial grab. I wonder, was this a Swedish man?
16:27 April 7, 2013 by jess805
The American justice system is better than Sweden's. If you are not American, how would you know, idiots. I am from California and I can't believe your justice system, you guys are morons! I can't believe some of the stories I've read here.
00:47 April 9, 2013 by brig74
I'm an American who came here looking for a news article about Viking gravesites, but this was so insane I made an account just to comment on it. Unbelievable! You grab someone, you get what's coming to you. She had every right to hit him. I can't believe he had a legal leg to stand on since he assaulted her first. Here, the case wouldn't even have gotten to court. Plus, every man in the country would be laughing at him. First he gets his butt kicked by a girl, then he has to sue her in court over it. What a p7ssy.
12:00 April 18, 2013 by Garry Jones
The Local has left out a couple of important facts.

She did not "slap" the guy, she punched him in the face. This is undisputed.

Something does not add up:

... the Lund District Court agreed that the woman was subject to a "serious provocation". The investigation into the 23-year-old's sexual assault complaint was dropped due to a lack of evidence.

The only reasoning behind this is they concluded she did have her bottom pinched but they were not able to link it to this actual guy.

As for the sentencing, other news sources tell the real story - the one The Local does not want you to know - When sentencing they took her THREE previous convictions for assault into account.

Imagine that you are in a night club minding your own business and some drunken tart comes up and punches you in the face, breaking your nose, wouldn't you press charges? It could be a case of her going for the wrong guy, the court can not find anyone guilty if it is not proven beyond reasonable doubt.

If he did pinch her bottom then I think he can blame himself and he had it coming and the courts got it wrong. But as this is not proven even if it is implied by The Local, then I think its probably the right decision.

It probably comes down to the interrogation by the police, they should have used Jack Reagan and George Carter methods to entice him to confess.
04:50 April 20, 2013 by Khaliil
@ johnoleson "The creeping in of sharia law, perhaps?"

Islamic law would punish the man for touching the woman. what you may have heard of in some countries is a gross miscarriage of Islamic law, usually because those countries were once ruled by Christian European countries.
01:58 April 21, 2013 by DAVID T
No proof he pinched her ass
02:37 June 24, 2013 by ThoreauHD
So you encourage molestation in and rape in Sweden. Muslims must love you. Can't wait until they enslave you.
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