Assange - Swedish law re degrees of 'rape'
Feb. 8th, 2011 12:34 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
bemused_leftistIn haste.
Swedish law distinguishes...
<lj-cut>
Swedish law distinguishes what we might call three degrees or grades of 'rape', and also some lesser sexual misdeeds they call 'molestation' rather than 'rape.'
For the "less serious" grade, the sentence is "at most four years".
For the "gross rape" grade, the sentence is "at least four and at most ten years".
Without either adjective, the sentence is "at least two and at most six years".
Apparently the "less serious" grade, which is the charge the police are making against Assange for initiating sex with the sleeping Miss W, includes things that most US states would not call 'rape' at all.
The charge they are making for his behavior with Miss A is not listed as 'rape' at all, but as 'molestation.' (It is her statement that describes him "holding her down" and "preventing her reaching for a condom.")
http://www.sweden.gov.se/content/1/c6/02/77/77/cb79a8a3.pdf
Section 1
A person who by violence or threat which involves, or appears to
the threatened person to involve an imminent danger, forces another
person to have sexual intercourse or to engage in a comparable
sexual act, that having regard to the nature of the violation and the
circumstances in general, is comparable to enforced sexual
intercourse, shall be sentenced for rape to imprisonment for at least
two and at most six years. Causing helplessness or a similar state of
incapacitation shall be regarded as equivalent to violence.
If having regard to the nature of the violence or the threat and
the circumstances in general, the crime is considered less serious, a
sentence to imprisonment for at most four years shall be imposed.
If the crime is gross, a sentence to imprisonment for at least four
and at most ten years shall be imposed for gross rape. In assessing
whether the crime is gross, special consideration shall be given to
whether the violence involved a danger to life or whether the
perpetrator caused serious injury or serious illness or, having regard
to the method used or the victim's youth or other circumstances,
exhibited particular ruthlessness or brutality. (Law 1998:393)
Swedish law distinguishes...
<lj-cut>
Swedish law distinguishes what we might call three degrees or grades of 'rape', and also some lesser sexual misdeeds they call 'molestation' rather than 'rape.'
For the "less serious" grade, the sentence is "at most four years".
For the "gross rape" grade, the sentence is "at least four and at most ten years".
Without either adjective, the sentence is "at least two and at most six years".
Apparently the "less serious" grade, which is the charge the police are making against Assange for initiating sex with the sleeping Miss W, includes things that most US states would not call 'rape' at all.
The charge they are making for his behavior with Miss A is not listed as 'rape' at all, but as 'molestation.' (It is her statement that describes him "holding her down" and "preventing her reaching for a condom.")
http://www.sweden.gov.se/content/1/c6/02/77/77/cb79a8a3.pdf
Section 1
A person who by violence or threat which involves, or appears to
the threatened person to involve an imminent danger, forces another
person to have sexual intercourse or to engage in a comparable
sexual act, that having regard to the nature of the violation and the
circumstances in general, is comparable to enforced sexual
intercourse, shall be sentenced for rape to imprisonment for at least
two and at most six years. Causing helplessness or a similar state of
incapacitation shall be regarded as equivalent to violence.
If having regard to the nature of the violence or the threat and
the circumstances in general, the crime is considered less serious, a
sentence to imprisonment for at most four years shall be imposed.
If the crime is gross, a sentence to imprisonment for at least four
and at most ten years shall be imposed for gross rape. In assessing
whether the crime is gross, special consideration shall be given to
whether the violence involved a danger to life or whether the
perpetrator caused serious injury or serious illness or, having regard
to the method used or the victim's youth or other circumstances,
exhibited particular ruthlessness or brutality. (Law 1998:393)
