Posts Tagged ‘Asinine laws’

Swedish appeals court frees 6 of gang rape: Another case of when the law is an ass

October 2, 2013

Swedish rape law is an ass in many ways. Prosecutions are often brought or sought even in trivial and ridiculous cases (as in the case of Julian Assange for example). But real rapists generally go free. And apparently even in a case of gang rape ( 6 of them) where a teenage girl was raped and the rapists found guilty, they are set free by a higher court “because she was not sufficiently incapacitated”! 

Of course even with asinine laws it needs a judge to confirm and compound the law’s failings. According to the judge who released the rapists “The intercourse that took place can very well have happened against her stated will but if it didn’t take advantage of an incapacitated state it’s not rape.”

The rapists were all apparently immigrants. So was their victim it seems.

I wonder if that had any part to play in the judge’s determination?

The Local:  … six teenage boys were cleared by an appeals court of the alleged gang rape of a 15-year-old, ….

The boys admitted to having sexual intercourse with the girl at a party in Tensta, northern Stockholm, in March this year. Five were convicted of aggravated rape by the Solna District Court later that month. The sixth boy, who had given out condoms to the other boys, was convicted of attempted aggravated rape.

Sweden’s sex-crime legislation was amended on July 1st of this year, however, and included a rewrite of the term “incapacitated state” to “particularly vulnerable situation”, which in effect re-classifies certain types of sexual assault as rape.

But the Svea Court of Appeal (Svea hovrätt) ruled according to the old law as it was phrased prior to July 1st, 2013, arguing it was the law that applied at the time of the incident. In its ruling, the court found that the girl could not have been deemed to be in an “incapacitated state,” although it did recognize that she was in a vulnerable situation.

“She could have very well said no, but even if that was the case, that doesn’t automatically mean it’s rape,” judge Sven Jönsson told the Aftonbladet newspaper.

“The intercourse that took place can very well have happened against her stated will but if it didn’t take advantage of an incapacitated state it’s not rape.”

… “I said no,” the victim told the Aftonbladet newspaper over the weekend, saying she no longer went out but only spent time with her closest friends. “Do they mean it’s my fault?” 

With this kind of law the Delhi rapists could have been convicted of murder but not of rape. And the four surviving adult rapists received the death sentence because it was considered a particularly heinous crime. Without the rape conviction they would have escaped that sentence.


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