CRIKEY: "Sex W/O Condom"-When it comes to Assange rape case-Swedes are making it up as they go along

[kpete]

Thursday, 2 December 2010 / 19 comments
When it comes to Assange rape case, the Swedes are making it up as they go along
by Melbourne barrister James D. Catlin, who acted for Julian Assange in London in October.

Apparently having consensual sex in Sweden without a condom is punishable by a term of imprisonment of a minimum of two years for rape. That is the basis for a reinstitution of rape charges against WikiLeaks figurehead Julian Assange that is destined to make Sweden and its justice system the laughing stock of the world and dramatically damage its reputation as a model of modernity.

Sweden’s Public Prosecutor’s Office was embarrassed in August this year when it leaked to the media that it was seeking to arrest Assange for rape, then on the same day withdrew the arrest warrant because in its own words there was “no evidence”. The damage to Assange’s reputation is incalculable. More than three quarters of internet references to his name refer to rape. Now, three months on and three prosecutors later, the Swedes seem to be clear on their basis to proceed. Consensual sex that started out with a condom ended up without one, ergo, the sex was not consensual.

For three months Assange had been waiting in vain to hear whether media statements by and for the two female “victims” that there was no fear or violence were going to be embellished so the charges might be carried forward due to greater seriousness. Such statements would stop a rape charge in any Western country dead in its tracks. Rape is a crime of violence, duress or deception. You can rape someone by deluding them into thinking you are someone else or by drugging them or by reason of their young age but essentially it’s a crime of violence.

The women here are near to and over 30 and have international experience, some of it working in Swedish government embassies. There is no suggestion of drugs nor identity concealment. Far from it. Both women boasted of their celebrity connection to Assange after the events that they would now see him destroyed for.

more:
http://www.crikey.com.au/2010/12/02/when-it-comes-to-assange-r-pe-case-the-swedes-are-making-it-up-as-they-go-along/

Catlin also said that the two alleged victims -- whom he names in the article -- boasted of their sexual "conquests" online after the incidents took place.

They sought advice together, having collaborated and irrevocably tainted each other’s evidence beforehand. Their SMS texts to each other show a plan to contact the Swedish newspaper Expressen beforehand in order to maximise the damage to Assange. They belong to the same political group and attended a public lecture given by Assange and organised by them.

more: http://www.rawstory.com/rs/2010/12/sweden-assange-sex-without-condom/

[Hissyspit]

1. "But then neither (of the accusers) complained to the police but rather 'sought advice,' a technique

"But then neither (of the accusers) complained to the police but rather 'sought advice,' a technique in Sweden enabling citizens to avoid just punishment for making false complaints," Catlin alleges.

Catlin promises that, as the investigation goes on, it will reveal "damning evidence" about "what passes for legal process in Sweden." Even though the investigation has been ongoing since August, he says Assange's lawyers didn't receive any documents from prosecutors until November 18, and then the documents were only in Swedish, "contrary to European Law."

[pitohui]

2. good lord, this criminalizes every straight person

most of us don't have sex w. a condom, sorry, mom, but neither did you...or none of us would be here...

[Hissyspit]

6. Bad headline. We already knew this. The real news is the other stuff the lawyer says.

[awoke_in_2003]

35. by this definition...

I raped my wife last night. And plenty of other times. I haven't worn a condom in years (one of the privileges of marriage- as long as both agree).

[glitch]

3. Experience, some of it working in Swedish embassies, huh?

In light of the recent wikileaks involving diplomatic espionage, nybody who doesn't at least wonder if this was a set up is being willfully biased.

[MNBrewer]

4. It's a set-up

[snagglepuss]

This tarnishes Sweden image while burnishing his. What Sweden is doing is

despicable.

[sabrina 1]

7. The U.S. Empire put pressure on them, just as they did on Spain

Assange is exposing war criminals, Judge Garzon in Spain was prosecuting them. Both men are being persecuted.

I hope there is a huge backlash to this idiocy around the world.

So consensual sex without a condom is rape. Am I missing something here? If you know the guy is not wearing a condom and you have sex anyhow, have you not consented to sex without a condom?

[snagglepuss]

11. A brief article that fills in many sketchy details.

http://news.yahoo.com/s/atlantic/20101201/cm_atlantic/interpolputsjulianassangeonmostwantedlistforsexcrimescharges5993

[chervilant]

21. No duh.

You can't mistake a latex-wrapped penis. No way.

[midnight]

26. True!

[robertpaulsen]

5. Didn't the Nixon adminstration try to set up a sex smear on Ellsburg?

Anyone else recall the details?

[struggle4progress]

8. We won't resolve this on the internet. It depends on too many specific details.

I expect most of us would take the view that a person could consent to sex and then decide not to consent after all; and generally I think most of us would generally take the view that such refusal should be honored. Most of us know that rapists often claim consent was obtained; most of us also know that not every rape claim is true. Most of us are aware of cases where people have been set up; and most of us are also aware of cases where celebrities thought the usual rules didn't apply to them

We won't resolve this on the internet. It depends on too many specific details

[nashville_brook]

10. actually, this does resolve it on the internet -- it's a bullshit allegation by embassy star fuckers

oh, and the rubber broke.

end of story.

[struggle4progress]

16. That version is from his lawyer. Sweden's top court, OTOH, just upheld the warrant.

He hasn't been charged, and I have no opinion on the matter. But I don't find your speculations about the women's sexual reputations to be informative

[nashville_brook]

20. many just want revenge on Assange for embarrassing US elites and this is one way to get it.

And it's really really lame.

[TalkingDog]

31. If picking your nose and flicking it on a bystander was a felony in Sweden

Do you really think we would be talking extradition here in the US?

You are right, nobody should be bringing sexual history/reputation/predilections into the conversation.... AT ALL.

And Sweden can criminalize whatever the fuck they want. But using that admittedly specious "charge" and magnifying it into a rape accusation smacks of utter desperation. Transparently desperate.

And I mean that in the most ironic way possible.

[cbdo2007]

12. At the very least he needs to go in for questioning on this, just like any one of would have to do

in a similar circumstance.

If I was ever being investigated for rape somewhere, you better believe I'll be down there answering questions with my lawyer before they even finish the police report.

Nobody is above the law and every rape charge needs to be investigated, unless people think celebrities are immune to following laws, which is seems many here on DU with stars in their eyes believe when it comes to their new hero.

[nashville_brook]

14. wow -- did you even read the article?

[tblue37]

25. He needs to stay underground, because if the US authorities get their hands

on him, which is the whole point (that and smearing him in the media), he is well and thoroughly screwed. Nothing even resembling justice would come out of such an event!

[Xithras]

28. He has been questioned, and has offered to submit to additional questioning many more times.

He was only visiting Sweden, and submitted to questioning from the police before he left the country. He already HAS answered their questions once. He left Sweden when his visit had ended, only after the police and prosecutors had given him permission to leave.

Today, the police want to interview him AGAIN. This normally wouldn't be a problem, but Assange isn't exactly a wealthy man and they want him to fly back to Sweden on his own dime (his original visit to Sweden was financed by other Wikileaks activists). He's offered to interview with them over the in person in Britain, by telephone, via videoconference, or even in person at the Swedish Embassy in London, but the prosecutors have ignored his repeated attempts at resolving this. They want him back in Sweden, to be interviewed in a Swedish prosecutors office, on his dime.

Theoretical question. Let's say that you were visiting Japan as a tourist (just picking a random country), and while there you were accused of a crime. The police looked into the accusation and determined that there was no evidence that you'd done anything wrong, and told you that you could go home. A month later you get a call from the investigator demanding that you fly BACK to Japan to be interviewed again. Would you rush right out, buy a ticket, and fly back there? Or would you demand that they fly to the U.S. and talk to you here? Most normal people would choose the latter.

[awoke_in_2003]

36. very excellent points. nt

[laughingliberal]

29. Sure. I suggest any government waiting for me to show up for questioning about bogus charges...

find a nice quiet room and hold their fucking breaths til I show up.

[molly77]

33. cabdo2007

I saw Assange's lawyer on democracy now yesterday. She said that he had offered to go in for questioning but the police refused. She seemed credible to me. Of course, there is no way to know for sure.

Here in the US Assange would have already died in a plane crash etc.

[MNBrewer]

34. the "crime" he's accused of having committed carries a stiff penalty

(no pun intended)

What is the penalty? The penalty for what the Swedes call "sex by surprise" is a whopping $715.

Interpol wants Assange arrested and sent to Sweden for questioning about an allegation that could result in a $715 fine.

<http://slatest.slate.com/id/2276689/?v=1#3>

[sabrina 1]

15. I think it has been resolved, mainly by the woman herself who

first 'sought advice' from the police. She is clear in her own radical writings on relationships between men and women, how women should 'get revenge' when they feel they have been hurt by a man. I think she had seven rules on the best way to 'get revenge'. One of them was to smear the guy. She also has some interesting political connections. And, it was she who was assigned to look after Assange when he got to Sweden. She also is connected to the rightwing Swedish publication that got the 'rape' story even though it is against Swedish law for the police to speak to the press about cases like this. Who tipped them off? So far they haven't said, or had not the last time I looked.

This woman is well known in Sweden.

She initially stated that there was no 'rape' and had never said there was. I guess she was worried about being prosecuted herself for violating Sweden's law by making allegations that are false.

The case was dismissed when the chief prosecutor found no basis for it. Then it was reinstated. Now it's down to 'he didn't wear a condom' when they had consensual sex.

It's clear that the whole thing would never have even been reported, if the accused was not someone the U.S. desperately wanted to discredit.

[Ginto]

17. Not the type of woman you should jump into bed with.

Still, she seems nice compared to some of my exes.

[Kaleko]

18. Clear as a bell. Well said.

[Warren DeMontague]

9. Not since Andrea Dworkin have I seen such a fucked up attempt at redefining "rape".

Oh, and I'm sure the whole Wikileaks thing has nothing to do with it, too. :eyes:

[Blue_Tires]

13. really ironic given Sweden's historically wide-open sexual attitudes...

[nashville_brook]

19. these aren't even legal "complaints" -- the women "sought advice" from police, which is

a way to avoid being punished for making false accusations.

from the Rawstory article..

According to an August report in the Daily Mail, both of the accusers' complaints stem from lack of condom use. In the case of "Woman A," as the Daily Mail identifies her, a condom broke during intercourse. In the case of "Woman B," Assange reportedly did not use a condom during a second round of intercourse.

Catlin states that neither of the women's police statements "complain of rape."

"But then neither of the accusers complained to the police but rather 'sought advice,' a technique in Sweden enabling citizens to avoid just punishment for making false complaints," Catlin alleges.

Catlin promises that, as the investigation goes on, it will reveal "damning evidence" about "what passes for legal process in Sweden." Even though the investigation has been ongoing since August, he says Assange's lawyers didn't receive any documents from prosecutors until November 18, and then the documents were only in Swedish, "contrary to European Law."

[Canuckistanian]

22. Is there anything resembling a Swedish legal blog?

All we've heard are the opinions of legal people in countries OTHER than Sweden.

What's ACTUALLY going on in Swedish legal circles?

[saras]

23. wrong crime

It appears that there's plenty of evidence already on record to charge the two women with criminal conspiracy of various sorts. Not to mention a multimillion dollar civil lawsuit.

But apparently, as Assange reveals the secrets of other criminal conspirators, this somehow makes him ineligible for justice.

Anyone holding out for Sweden to do the right thing, or is just being slightly less evil enough?

[midnight]

24. Those two women scare me.....

[ooglymoogly]

27. How deep can the outrage and disgust pit get.

We now know the President illegally, strongarmed the Spanish justice system into drooping the investigation into Bu$h Cheeeeny for war crimes; so we can guess what is going on here. Sweden has lost all credibility even in a world careening into dishonor.

[Matariki]

30. Kpete - did you see the excellent Salon article yesterday - he's in danger of extradition to the US

If you want to be cynical about it - you could say: extradition to a country that tortures.

http://www.salon.com/news/politics/war_room/?story=/politics/war_room/2010/12/01/wikileaks_assange_legal_dangers

The prosecutors say he is wanted for questioning about accusations of sex crimes made against him by two women; he has not been charged with a crime. But the real peril here for Assange -- whose whereabouts are unknown -- is that if he ends up in the hands of Swedish authorities, the chances that he will be extradited to the United States rise significantly.

(Journalist Mark Leon Goldberg has a good explanation of what a Red Notice actually is. Assange is not on a "most wanted" list, as some headlines have put it.)

The Obama administration has made it clear that it wants very much to prosecute Assange for the disclosure of diplomatic cables -- or for whatever other reason the Justice Department can think up. There has been talk of using the Espionage Act of 1917 to prosecute Assange, but legal experts told Salon this week that would be a difficult (and potentially dangerous) strategy.

CNN legal analyst Jeffrey Toobin today speculated that U.S. prosecutors may have already obtained a sealed arrest warrant for Assange. So it's not at all inconceivable that the Obama administration is applying pressure on the Swedish government to arrest Assange.

[nashville_brook]

32. great link.

[Turborama]

37. Thanks for posting. Assange's attorney has said that Sweden allows rendition flights.

Your article seems to confirm it.


"Mark Stephens told the BBC that legal moves against his client seem(ed) to be a "political stunt" by a state that allowed US rendition flights."
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x4643365