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CRIME

Swede to appeal online rape conviction: lawyer

The 41-year-old Swedish man who was the first in the country to be sentenced to jail for online rape will appeal the court’s decision, his lawyer said.

Swede to appeal online rape conviction: lawyer
The Uppsala district court. Photo: Henrik Montgomery/TT
A Swedish court on Thursday sentenced the man to 10 years in jail for raping and sexually assaulting 27 children by forcing them to carry out sexual acts on themselves or others online.
 
The Uppsala district court found the 41-year-old man guilty of the online rape or sexual assault of the children, most under the age of 15, in Canada, the United States and Scotland.
 
It was the first time a Swedish court has found someone guilty of rape for forcing a person to commit sexual acts on another person.
 
 
The man’s lawyer, Kronje Samuelsson, told the Associated Press on Friday that an appeal will be filed. The lawyer said that his client “has been convicted in a way that we do not think is correct.”
 
The court ruled that the 41-year-old forced his victims to carry out sexual acts which they either filmed or live streamed for him. In some cases, he threatened the children or their families if they did not comply with his demands. 
 
“Such behaviour is the same as if the perpetrator committed the sexual acts on the victims himself,” the court ruled. “In some cases … the district court found that the violation which the sexual act entailed was so serious that the act is to be considered as rape or child rape.”
 
The man was found guilty of four counts of aggravated child rape, for cases where the children were forced to commit sex acts on dogs and where one child was forced to commit sex acts on a younger child.
 
“The younger child in this case has been raped and because the man is the one who pushed and instructed the older child to do it, he has been convicted as the perpetrator,” the court said.
 
In one case, the court found the man guilty of rape for forcing a girl to carry out sex acts on herself.
 
The man, who was ordered to pay damages to the victims, was also convicted of possessing child pornography as he had saved the films which he received. He had confessed to a number of the crimes but rejected the rape charges.
 
Legal experts say that the landmark decision in the case could toughen the definition of rape in Sweden. 
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CRIME

EXPLAINED: What happens when a foreigner gets arrested in Sweden?

It’s a situation nobody ever wants to be in, but what happens if you’re arrested in Sweden? What should you do, and what are your rights?

EXPLAINED: What happens when a foreigner gets arrested in Sweden?

Most of the people who come to Sweden to work, join a Swedish partner, or start a new life are law-abiding folk. Hardly anyone comes with the intention of breaking the law.  But from time to time, due to an accident of fortune or poor decision-making, foreigners end up on the wrong end of the law. 

Pray it never happens but if you are arrested in Sweden, what are your rights? What happens next, and who can help you? 

Whether it’s a traffic accident, misunderstanding, or murder charge, Swedish law follows certain processes upon arrest. 

The first stages 

The first stage of a police investigation is the anmälan, or report. Anyone can report you for committing a crime, regardless of whether they are the victim. The tax agency, for instance, can report you for fraud. If the police catch you doing something illegal, the officer can file a report themselves. 

After the report is registered, someone is appointed to lead the preliminary investigation — a so-called förundersökningsledare or “investigation leader”. The förundersökningsledare can be either a police officer or a prosecutor, depending on how serious the crime is. 

The förundersökningsledare then decides if there is sufficient reason to suspect that you have committed a crime.

There are two grades of suspicion. The lowest level is skäligen misstänkt or “reasonable suspicion”, which means that there are “circumstances which with a certain strength indicate that you has committed the act.  The next level up is på sannolika skäl, or “on probable cause”, that you have committed the act. 

When can you get arrested? 

If the förundersökningsledare has declared you a suspect, a police officer might be sent to arrest you. A police officer can also arrest you on their own initiative if they think that there is a reasonable suspicion that a crime has been committed. 

All it takes to arrest someone in Sweden is for the officer to say “du är gripen“, meaning “you are under arrest”. If you resist,  the officer is permitted to employ as much violence as necessary to get you to the police station. 

If a member of the public observes you committing a crime serious enough to warrant a prison sentence, they are also allowed to arrest you, either while you are committing the crime or fleeing the scene. A member of the public is also allowed to arrest anyone wanted by the police for a crime. 

Not everyone suspected of committing a crime is necessarily arrested. If there is no danger to the public, no risk of you tampering with evidence, and no risk that you might flee, then police can decide to leave you free until you are asked to appear for interview or in court. 

When you are arrested, police will search you for any weapons, drugs or suspicious goods, and may take your telephone if it could contain evidence of a crime, but they will otherwise leave you with your belongings. 

What happens after your arrest? 

If you have been arrested by a police officer who had a reasonable suspicion that you have committed a crime, you need to be have a formal interview or förhör at the police station as soon as possible. Police may also interview the person who reported you, your alleged victim (the målsägande, which literally means “case owner”), and any witnesses. 

You can only be held at the police station for a maximum of 12 hours before a prosecutor decides whether there is sufficient reason for you to be anhållan, or “held”.  If they decide there is not, then you need to be released. 

If you are held, then you are taken to a cell, where you can be held for a maximum of three days, before which the prosecutor needs to either release you or request that you be häktad, or placed in pre-trial custody. 

When the decision is made to “hold” you, your personal belongings — phone, wallet, keys, etc — are taken from you and stored.

To be placed in pre-trial custody, you have to have committed a crime that can potentially lead to at least one year in prison. The prosecutor must also demonstrate that there is a risk you will tamper with the evidence or flee.

The decision to hold someone in pre-trial custody needs to be made by a judge at a so-called häktningsförhandling, or “detention hearing”. Unlike a full trial, this hearing is decided by a single judge. 

When can you get a defence lawyer? 

You can ask for a defence lawyer as soon as you are arrested. You can request one by name, or request a specific law firm, or, if you don’t know of any specific defence lawyers, just ask the court to appoint one for you. The court can normally contact the lawyer within a few hours, meaning you should ideally have a defence lawyer with you in your first police interview. 

When can you contact your embassy or family? 

The Swedish authorities are legally obliged to inform national embassies of the arrest of one of their citizens, and will normally do so themselves automatically, according to the British Embassy’s guideIf they do not do so, you can request that they do. 

You can ask the police at any time if you want to make a telephone call, but unlike in the UK or US, you have no right to make a phone call. It is up to the discretion of the prosecutor whether to allow you one, and very often they deny it. 

Most embassies have an urgent number people who are arrested can call. The UK’s line is +46 (0) 8 671 30 00 / +44 1908 51 6666, France’s is 0851992349, Germany’s is +46708529420. 

In practice, it is much better to ask your defence lawyer to contact your embassy, or to request that you can make a phone call. 

Friends and relatives of people who have been arrested can also contact their embassy for them, so that the embassy can find out where they are being held and any details of the suspicions against them. 

What can your embassy do? 

Most European embassies will work with defence lawyers to ensure that their citizens are treated well. 

“The Embassy provides impartial, non-judgemental assistance to British citizens who have been arrested or are in jail in Sweden,” a UK embassy spokesperson told The Local. We aim to make sure they are treated properly in line with Swedish regulations, and no less favourably than other prisoners.”

The first stage of this is a consular visit, which most European embassies generally aim to make within about 24 hours of being notified of your arrest. 

If you request it, your embassy will normally be able to inform your next-of-kin in your home country of your arrest. 

Unless you request otherwise, most embassies will also keep the fact that you have been detained and what the charges are confidential. 

How long can I be held before my trial? 

Perhaps the most criticised aspect of the Swedish justice system is the length that suspects can be held in pretrial detention, while the police and prosecutor carry out their investigations. The system has been criticised by the  United Nations Committee Against Torture, the Council of Europe.

The only limit is that Sweden’s Supreme Court has held that the detention must be reasonably proportional in relation to what may be gained from it (NJA 2015 s. 261) and the injury to the defendant.

In theory, there is no limit to the length of time a suspect can be held in pre-trial detention, so long as the custody is extended by a judge every 14 days. So far the record is a little over four years or being held without trial, and suspects are frequently held for over a year before a court rules on their case. 

There is no bail system in Sweden. 

What restrictions can I be under while in pre-trial detention? 

Prosecutors in Sweden often impose restrictions on those in pre-trial detention on the grounds that otherwise the defendant might change their story or tamper with the evidence. Critics often accuse police of imposing excessive restrictions to break suspects, pushing them to give details of the crime to reduce the time until their trial. 

Restrictions might include stopping suspects from being able to: 

  • receive or send letters without them first being inspected by the prosecutor
  • receive visits without special permission from the prosecutor
  • receive or make phone calls without special permission from the prosecutor
  • watch TV, listen to the radio and read newspapers
  • interact with other inmates

You always have the right to contact your lawyer, a member of consular staff (in special circumstances you may be allowed contact with family). You can also see a priest or other representative of a religious order.  

When will I go to trial? 

When the prosecutor has amassed enough evidence that they feel that there is sufficient evidence to prosecute, they will issue an åtal, or prosecution document, after which the court will set a date for the trial. 

Prosecutors will only do this if they judge that there is tillräckliga skäl för att väcka åtal, “sufficient cause for laying charges”. If they do not, the will end the investigation without laying charges, at which point you must be released. 

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