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Court orders teens who raped boy to be deported

Five teenagers convicted of raping a boy in Uppsala are to be deported, an appeals court has ruled, partially overturning a previous verdict which said they should stay in Sweden.

Court orders teens who raped boy to be deported
File photo of a court room. Photo: Henrik Montgomery/TT

The teens, aged 16-17, forced the younger boy into a wooded area in the Gottsunda district of Uppsala in October last year and then gang-raped and beat him at knife-point.

In December, Uppsala District Court sentenced four of them to one year and three months in a closed facility for juvenile offenders, and the fifth one, aged 16, to one year and one month.

However, it refused the prosecutor's request to also send them back to Afghanistan after they had served their punishment, given their age and the security situation in the country.

The latter point was then also brought before the appeals court, which threw it out on Wednesday, ordering their deportation and banning them from returning to Sweden for ten years.

“Several factors come into play when you consider deportation. First, it's a question of the seriousness of the crime. It's often said that if the offence carries a penalty of more than one year it may be grounds for deportation. In this case, the crime was far more serious,” the president of the Svea Appeals Court, Fredrik Wersäll, told the TT news agency.

The second factor is the person's ties to Sweden.

“In this case the court of appeals notes that the boys do not have a link to Sweden. Then you also try the issue whether it's possible to execute a deportation order. In this case the appeals court does not have its own expertise, but relies to a significant extent on the Migration Agency's opinions,” added Wersäll.

The court also ruled that the teenagers should be treated as adults and that hence any humanitarian reasons not to send them back were not strong enough to prevent deportation.

The boys all came to Sweden as refugees unaccompanied by any adults, and Wersäll said that the judges had very few previous court cases to rely on as guidance or precedence.

“It's simply because the phenomenon of unaccompanied refugee children is not something that has been around very long. New issues arise in a refugee situation like this. It is not particularly strange then that courts reach somewhat different conclusions,” he told TT.

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Malmö teen fined over graduation slut shaming

A Swedish school leaver has been ordered to pay 10,000 kronor ($1,112) in damages to a female pupil he described using a sexually explicit term inspired by Norwegian teen show Skam.

Malmö teen fined over graduation slut shaming
Swedish high school students hold graduation balls in May. Photo: Janerik Henriksson/TT
The 19-year-old man pulled the girl up on stage to give her the “fuck-girl of the year” award in front of 100 fellow pupils, at an event in a Malmö restaurant. 
 
He defended his actions in court by arguing that the word was meant humorously and was intended to describe how popular the girl was, a little like calling her an “enchantress” or a “man-killer”. 
 
The court, however, said it was “far from convinced” by the explanation. 
 
“It must be obvious to each and everyone that the expression … has powerful negative connotations,” the judge Fredrik Landgren and his three lay judges ruled in their judgement, which has been seen by The Local. 
 
The male student also read out a poem which included several sexual insults, and played a sexually explicit song which the court stated “could hardly be interpreted as anything other than painting (the girl) as promiscuous”.
 
“You can't count on either your fingers or toes how many things have slid in between your thighs,” read one passage in the award citation. 
 
According to the victim, the audience had at first been uncertain how to react. 
 
“First it became silent, as if people were shocked that it was so severe,” she told the court. “Then he shouted out my name and called me up on stage. They put a sash around me and gave me a framed copy of the citation. People pointed and laughed. I felt completely humiliated.” 
 
At the trial, the 19-year-old insisted that he had not intended the award to be insulting, noting that it had come directly after a similar award for “fuck-boy of the year”. 
 
The school's headmaster backed him up on this, defending his decision not to report the boy at the time by describing how the award's male recipient had taken it as a badge of honour. 
 
The boy explained to the court that the male moniker had been taken from Skam, a popular television series about Norwegian teens, and so was an in-joke at the school, where the show had a cult following. 
 
When he had written the text, he added, he had not known which girl at the school would be given the award. 
 
In court, the boy's lawyer Natalie Medina pointed out that all pupils in the year had been sent an online poll in which they could nominate pupils for ten different accolades.
 
The plaintiff had therefore known that the award would be given when she attended the graduation event and may even have voted in the poll. 
 
Medina argued this constituted a sort of consent, but the court rejected this. 
 
“The court cannot see that [the plaintiff's] actual participation in the vote should lead to the conclusion that she consented to the crime in question,” it concluded. 
 
The 19-year-old was also ordered to pay a fine of 3,000 kronor.
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