(Sweden) Rape suspect freed: 'her no was part of sex game'

[The Straight Story]

Rape suspect freed: 'her no was part of sex game'


A 27-year-old man facing rape charges is free after successfully claiming in a court in southern Sweden that the woman's screams of protest were simply part of a violent sex game.

"I recognized the way she said no as a part of the sex; I recognized it from other girls," the man said during questioning, the Metro newspaper reported.

The incident took place in the man's apartment after the two met at a restaurant through a common acquaintance and he invited her back for a drink.

While both agree that the evening began pleasantly with kissing and heavy petting, the two had different view about what happened when the man initiated intercourse with the woman.

...
The woman screamed so much and so loudly that she eventually lost her voice while the man continued to force himself on her. At one point, he covered her nose and mouth so she couldn't breathe and slapped her in the face, Metro reported.

But the man told the court that he was convinced the woman was into rough sex, saying he received "very clear signals" that she enjoyed what he was doing.

..

However, the court tossed out the rape charge, ruling it had not been proven that the 27-year-old had acted with intent to act against the woman's wishes. The verdict cited the suspect's explanation that he thought the woman's protests were part of a violent sex game, despite the lack of an explicit agreement or consent between the two parties about dominant sexual role play.

The court also cited a lack of witness testimony and forensic evidence for the charge of rape.

http://www.thelocal.se/20140110/rape-suspect-freed-claims-womans-no-was-part-of-sex-game

[Shandris]

1. In SWEDEN?!

SWEDEN, ferchrissakes?! I thought they were a bit more intelligent than -that-. "OH, yah, see Your Honor, lots of women have screamed no when I wanted them. They were all just playing this game that has no rules, no signs, no playing pieces, and no formal name, but I recognize it because, well, they all screamed no."

WTF am I reading?!?!

[Recursion]

3. Sweden's rape rate is six times higher than the US's

It's a big problem in all of Scandinavia in fact.

[Shandris]

6. I have to admit, I didn't know that.

I figured that with as much as Sweden focuses on gender equity, there if anywhere would be a place where this kind of thing was almost unheard of.

Of course, you know what they say about assumptions, I suppose.

[siligut]

21. The reported rape rate in Sweden is six times higher

The key word being "reported" as in documented for statistics. In the US, women's claims of rape are dismissed and discounted. The Steubenville rape case is an extreme example of how claims of rape are handled in the US.

[Recursion]

23. Do you have any evidence that rape is reported at a higher rate in Scandanavia than here?

That's not exactly the most woman-friendly part of the world, after all.

[siligut]

24. Where are the women friendly parts of the world?

Claims of rape have not been documented accurately for statistical use in the US. We know this because of the Steubenville rape cover-up and the reports of rape that followed which had been covered-up before Anonymous rode in on that white horse.

Why do you say Scandinavia is not woman-friendly?

[Donald Ian Rankin]

37. No, but that the least worst guess in the absence of other data.

There's essentially no correlation - possibly even mild negative correlation, from glancing at a list of which countries have most reported rapes - between the number of reported rapes in a country and the number of actual rapes.

The incidence of rape in Sweden could be lower than in the USA, or could be higher, or could be the same. The number of reported rapes tells you essentially nothing, so in the absence of other data the least worse guess would be "the same", in which case the rate of reporting would be 6 times higher.

It may be that Sweden actually has more rapes, and reporting isn't 6 times more frequent; it may also be that Sweden has few rapes and more than 6 times as much reporting. Without further data, we can't tell.

[Recursion]

43. Why is Sweden's conviction rate so much lower than the rest of Europe?

You're looking at one particular piece of data, the reporting rate, and not the whole picture. See, for instance, this for a starter.

I agree that Sweden's higher reporting rate does not in any way mean there are more actual rapes in Sweden, but given the very example in the OP where the guy walked, and complaints by Amnesty, et al, I don't see why people would assume the actual incidence would be lower than the US, either.

[LadyHawkAZ]

46. The only study done on prevalence vs. reporting in Sweden

was done in 2001 (pdf) and found a reporting rate of less than 20%. Sweden's laws have changed since then, but since there has not been another study done, we don't actually know what the reporting rate is now. Given the amount of international focus on their rape problem in recent years, I find it a bit strange that they haven't done a new study. Hopefully there's one in the wings being compiled as we speak.

[intaglio]

33. Sweden's rape reporting is higher than the USA because women tend to be believed

Now take your fatuous talking point and vanish.

[Recursion]

42. Amnesty International: "Swedish Rapists enjoy impunity"

Maybe learn about the subject rather than assuming things.

http://www.thelocal.se/20090428/19124

And an Amnesty International report on rape in the Nordic Countries took Sweden to task last autumn for what the human rights organization saw as an abysmally low conviction rate for rape cases.

Released in September 2008, the Amnesty report - Case Closed - examines issues surrounding rape and human rights in Sweden, Norway, Denmark and Finland.

Despite Sweden's considerable emphasis on women's rights, currently ranking an impressive 3rd place in the UN global gender-related development index, instances of reported violence against women are showing no signs of abating.

In fact, statistics published by the National Council of Crime Prevention (BRÅ) show that the number of sexual offences reported from January to August 2008 saw a 9 percent increase compared to the same period in 2007.

Sweden's conviction rate is very, very low (for instance, the guy in the OP went free).

[Dorian Gray]

10. This guy's defense is that he's a raping psychopath!

All the women scream no when I rape them, so how was I supposed to know that she didn't want it?

Seriously?

[Tuesday Afternoon]

32. bingo.

[randome]

13. Much of any court case depends on how authentic the players sound.

Without being there in person, we have no context, no tone or mannerisms to go by.

You can't simply say that every alleged rape is authentic. Neither should we discount allegations.

But without hard evidence, a judge needs to make the best decision depending on gut instinct.
[hr][font color="blue"][center]Birds are territorial creatures.
The lyrics to the songbird's melodious trill go something like this:
"Stay out of my territory or I'll PECK YOUR GODDAMNED EYES OUT!"[/center][/font][hr]

[sufrommich]

16. Maybe the fact that she was found barely clothed

and sobbing on the street after escaping by using the excuse of taking a shower should have been their first clue.

[randome]

19. You're right, there were other witnesses besides the police, too.

That does make this decision suspect (I should have read the article before posting, perhaps.)

Without hearing why the judge discounted the woman's story, we don't have the full story.
[hr][font color="blue"][center]Treat your body like a machine. Your mind like a castle.[/center][/font][hr]

[Shandris]

17. I'm not so sure that there is any amount of tone or mannerism...

...that could sway me in this one. The stories essentially matched as per the article. Like other posters also said...he -admits- that he 'knew' it was a game because she acted like all the other women before her (!!).

I guess there's always that .000000001% chance that this guy could be somehow 'convincing' enough, but...I'm sorry, I simply do not buy it. I refuse to. And for as much as I give people the benefit of the doubt (and I really do, I always try to make sure there's not some unexplained variable that is being overlooked, even to the point it makes other posters sometimes think I'm saying something I'm not), for me to feel that way is a pretty clear sign in my book.

If we ever get around to rewriting new criminal codes in this world, maybe there should be some consideration for adopting a panel of judges in cases that are this grotesquely self-administering. It might keep that .000000001% person -out- of jail, and keep the vast, VAST majority of cases like -this- one -in- jail. Just an off-the-top-of-my-head idea, but...this story is just heartbreaking and rage-inducing at the same time.

[randome]

18. A panel is a good idea.

And I'm just playing devil's advocate here. Rarely do news stories like this give us all the context we need to know what happened.
[hr][font color="blue"][center]There is nothing you can't do if you put your mind to it.
Nothing.[/center][/font][hr]

[Bonobo]

2. From the scant information on the link...

It sounds like a horrible decision and made me think WTF would rape be if that wasn't it?

Unless there is a prior agreement to "act like you don't want it" then please to stop can ONLY be interpreted as PLEAS TO STOP.

That is rape no matter what he claims his intentions were.

[Recursion]

4. The "covering her mouth" bit kind of blows his story to hell

If it's a game, with a safeword, you never ever cover your partner's mouth.

[petronius]

5. Sounds like this guy is a serial rapist - he 'knew' it was OK because

other women had reacted the same way!? How many more victims are there?

[Comrade Grumpy]

7. This is the same judicial system that is hellbent on Assange?

Weird.

[Brigid]

8. Where is Lisbeth Salander when you need her?

[a la izquierda]

11. No kidding...

Yikes

[cinnabonbon]

39. +1

[Dorian Gray]

9. This is HORRIFIC!

[ManiacJoe]

12. From the same webpage,

the Swedes seem to have similar problems with drunk driving cases:
http://www.thelocal.se/20140110/man-beats-drink-driving-charge-by-being-asian

[treestar]

14. And I thought that was the Saudi Arabia of feminism!

What did the woman say? Was she less credible, and why?

[stevenleser]

20. See #12 above. Sweden seems to err on the side of the accused on just about everything.

Which makes it even more curious that Assange will not try to face the music there.

Some of that probably has to do with the fact that Assange has publicly admitted to the facts of the case.

[Demo_Chris]

22. I imagine that Assange is not concerned with Sweden, he is concerned with America...

And he bloody well aught to be.

[stevenleser]

25. Then he has spent a lot of time and effort responding to something he is not concerned about

Your assertion doesn't work.

[Demo_Chris]

28. He has nothing but time...

Are you SERIOUSLY trying to maintain that he is holed up because he is afraid of the charges that have never actually been filed against him?

[stevenleser]

29. Not true. He is running a large organization from that embassy.

Are you SERIOUSLY trying to assert he has hired a lawyer and provided tons of testimony and press releases on something he is not concerned about?

[Zorra]

30. Seriously? Effectively running an an anti-corporate, anti-government corruption whistleblower

organization while imprisoned in the Ecuadorian embassy in London?

Can you think any reasons why this is probably impossible?

It's a pretty sure bet that every communication that came out of that embassy was intercepted even before Assange took up asylum there.

Julian may be a smart guy, but he's no Prof. Charles Xavier.

NSA Headquarters: "Damn, Charlie, ya gotta listen to how loud this guy farts!"

[stevenleser]

31. So, you are asserting he needs a physical presence wherever people are who report this stuff?

Because those brick and mortar establishments would somehow be impenetrable to all foreign intelligence services, but the Ecuadorian embassy in London would not be?

[Zorra]

35. No. I am asserting that, prior to his quasi-imprisonment, receiving and transmitting classified

information about corporate or government corruption, without interception, was infinitely more possible.

Is this really even debatable?

[stevenleser]

36. Yes, it's debatable. Ecuador has its own intelligence service SENAIN who can sweep the embassy

and who no doubt have representation in every Ecuadorian embassy globally.

So, in terms of devices placed where Assange is sending and receiving information, it's arguably more secure than most other places he might use.

Depending on how much assistance they are rendering to him, they can enhance his abilities to communicate securely in other ways as well.

[Zorra]

38. You really believe Ecuador would conspire with Julian to help run wikileaks?

Cool!

[stevenleser]

41. 1/2 of my assertion doesn't require that at all. I'm sure Ecuador, like all countries do routine

sweeps of their embassies to look for listening devices and other instruments of espionage.

As for the rest, does anyone know for sure where the assistance Ecuador is giving Assange begins and ends? If you have that information, please share.

[sufrommich]

15. Read the first comment to that article.

"Maybe this way women will learn to say what they relly mean instead of using that innuendo bullshit".

[RC]

26. Rapes (most recent) by country

http://www.nationmaster.com/graph/cri_rap-crime-rapes

The United States is #57 out of 116.

[Comrade Grumpy]

27. That's a weird chart. First on the list is France, last is Pakistan. Go figger.

Most have something to do with reporting rapes.

[Donald Ian Rankin]

44. There are not one but two massive flaws with that.

1) Those are total statistics, not per capita - i.e. completely meaningless. The same site also has per-capita data, but annoyingly it only seems to show the top 50, which doesn't include either the USA or Sweden, as far as I can see.

2) Those aren't statistics for number of rapes, they're statistics for number of rapes reported to the police - which probably has essentially no correlation with number of rapes committed, because in countries with more rapes there is likely to be less reporting.

[BainsBane]

45. Reported rapes are a tiny fraction of actual rapes

The fact is Sweden takes it far more seriously. Estimates are only 10% of rapes in the US are reported. Sweden is seeking to address rape culture rather than sweep it under the carpet. It's a major mistake to confuse reported rapes with actual rapes. Do you really think rape is so uncommon in Pakistan as that chart shows? Think about it for a minute.

[Savannahmann]

40. Some women do like rough play. Generally it falls into the catgory of BDSM or Roleplaying.

I have written about BDSM for several years, and I always try to get the point out about the core of the lifestyle. Safe, Sane, and Consensual. That includes the use of safewords.

A vast majority of those women are willing to discuss it with mates, and should always, (nearly always do) create safe words. No isn't used, because it could be part of the scene the participants are playing. The save word, which could be anything unlikely to be used in the heat of passion, should be agreed upon before the scene is acted out.

Note what I said before you start blasting away that I'm a horrible man. It should be agreed upon before the scene is acted out. If there is no agreement regarding the use of a safe word, then the words No, Stop, and variations of words with the same meaning must be respected.

This fellow was not using the standard and universally agreed to approaches, it was NOT BDSM, or run of the mill rough play.