Man in sweden almost got 3 years on prison for alledgely thrusting 2 times too much

Admin

Administrator
Moderator
Messages
3,990
#1
The official reason given for not convicting him was that there were inconsistencies with the women's story.

He almost got 3 years in prison

A deeply divided district court acquits a man in his 20s of the charge of rape.
The majority of the district court notes that the complainant's statements to the district court partially deviated from information given in police interviews and from journal entries.

Two members of the jury disagree and want to sentence the man to three years' imprisonment.

The accused man and the complainant had a sexual relationship with each other and had agreed to meet at the man's home after a football match they had both attended. Once there, they had sex on three occasions. According to the prosecutor, the third intercourse was carried out against the complainant's will.

The accused man, on the other hand, stated that the third intercourse was initiated with consent but was quickly interrupted when it became clear that the complainant was in pain during the intercourse.

https://www.dagensjuridik.se/nyheter/djupt-oenig-tingsratt-friar-man-fran-valdtaktsatal/
 

Admin

Administrator
Moderator
Messages
3,990
#2
Different perceptions of consent
Different views on consent

During the hearing in the district court, the complainant stated that during the third sexual intercourse the accused man lay on top of her and inserted his penis into her vagina, causing her to freeze. After he had penetrated her about twice, she told him that it hurt. Despite this, the man continued and penetrated her two more times - before stopping.

The accused man instead stated that during the third intercourse he explicitly asked the complainant if he should "put it in" and received an affirmative answer before the intercourse started. However, they interrupted the intercourse almost immediately, after a maximum of one minute, because she seemed to be in pain. He also described how he held his hands against the mattress, which meant that there was a gap between him and the victim. Thus, he had no weight on her and did not hold her down or grab her arm as the prosecution alleged.
 

Admin

Administrator
Moderator
Messages
3,990
#3
Provided partly different information to the district court
According to the District Court, the plaintiff's account was supported by her friend's testimony about what the plaintiff told her in video messages shortly after the incident. According to the District Court, the plaintiff's mother's information about her daughter's well-being after the incident also supported the view that the plaintiff "had been involved in something that clearly affected her well-being".

The District Court noted, however, that in some respects she had provided partially different information in the hearing at the District Court compared to what was recorded in the police interview and that some information from the journal entries referred to differed from the information she had provided at the District Court.
 

Admin

Administrator
Moderator
Messages
3,990
#4
Deeply disagreeing district court acquits
According to the district court, the information that differs between, on the one hand, what the plaintiff told the district court and, on the other hand, what is recorded in the police interrogation and the journal, is individually limited and not decisive for the prosecution. Viewed together and in combination with what she herself has said about memory gaps from the evening in question, however, the discrepancies "lead to some uncertainty about how clear the plaintiff's memory is", the District Court writes.

In an overall assessment, the district court considers that the evidence is not strong enough to be the basis for a conviction - and the accused man is therefore acquitted.

However, two jury members disagree and want to sentence the man to three years in prison for rape.
 
Top