| alekth said: Well, like I said, I'm curious about the case. The BBC also writes that the morning sex charges state the woman had been asleep, which I hadn't read before (frankly, there are way too many pages regarding both the case details and what Swedish law says, and they don't all agree on either). |
If they have sex only with a condom the night before... and then he wakes her up via sex without a condom the next day... well that's just rape no matter where you are. (well, in the western world.)
You are literally starting sex with someone while unconsious and unable to consent... and the fact that they demanded you wear a condom the night before basically tells you all you need to know about whether they'd consent the next day without a condom.
Who knows if that's what the allegations are or if the BBC is just reporting it that way because that's what they think they are though.
Most of the reports though are written from what his ex defense lawyer said because the Swedish prosecutors can only confirm or deny information and not offer anything new.
As for Swedish rape laws...
'A person who, by violence or threat involving or appearing to the threatened person as imminent danger, forces the latter to have sexual intercourse or to engage in a comparable sexual act, shall be sentenced for rape to imprisonment for at least two and at most six years. Rendering the person unconscious or otherwise placing the person in a similarly helpless state shall be regarded as equivalent to violence.
If in view of the nature of the violence or the threat and the circumstances in other respects the offence is considered less serious, a sentence to imprisonment for at most four years shall be imposed.
If the offence is grave, a sentence to imprisonment for at least four and at most ten years shall be imposed for aggravated rape. In judging whether the offence is grave, special consideration shall be given to whether the violence involved a danger to life or whether the person who had committed the act had inflicted serious injury or serious illness or, having regard to the method used or the victim’s youth or otherwise, exhibited particular ruthlessness or brutality.'
http://www.interpol.int/public/Children/SexualAbuse/NationalLaws/csaSweden.asp
