There is also no basis to Assange’s own claim that Sweden is the “Saudi Arabia of feminism.” It is simply untrue that what Assange is accused of in Sweden would not constitute rape in the U.K. and it is unconscionable for any progressive-minded person to dismiss these charges on this basis. The City of Westminster Magistrates’ Court ruled :
The framework list is ticked for rape. The defence accepts that normally the ticking of a framework list offence box on an EAW would require very little analysis by the court. However they then developed a sophisticated argument that the conduct alleged here would not amount to rape in most European countries. However, what is alleged here is that Mr Assange “deliberately consummated sexual intercourse with her by improperly exploiting that she, due to sleep, was in a helpless state”. In this country that would amount to rape.
This was upheld by the High Court:
It is clear that the allegation is that he had sexual intercourse with her when she was not in a position to consent and so he could not have had any reasonable belief that she did.
Nor is it true that Assange is ‘merely’ wanted for questioning. As David Allen Green points out:
Assange is not wanted merely for questioning.
He is wanted for arrest.
This arrest is for an alleged crime in Sweden as the procedural stage before charging (or “indictment”). Indeed, to those who complain that Assange has not yet been charged, the answer is simple: he cannot actually be charged until he is arrested.
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