Europe

Dec 2, 2010

When it comes to Assange rape case, the Swedes are making it up as they go along

It is not Julian Assange that is on trial here but Sweden and its reputation as a modern and model country with rules of law, writes 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.

133 comments

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133 thoughts on “When it comes to Assange rape case, the Swedes are making it up as they go along

  1. Michael R James

    Even Murdoch’s rags have reported something similar to Catilin: (below is a small extract from a story via The Oz from original story in The Times.)

    theaustralian.com.au/news/wikileaks-founder-julian-assange-escapes-arrest-in-britain-after-warrant-blunder/story-e6frg6n6-1225964413116
    Sean O’Neill, Frances Gibb, and Catherine Philp From: The Times December 02, 2010
    ………………..
    Mr Stephens [his London-based lawyer,] said that Mr Assange was originally wanted on a charge of rape but that it had been thrown out after a partially successful appeal. As a result, he said, the current allegations did not justify an arrest warrant under Swedish law.

    “The sole ground for the warrant is the prosecutor’s blatantly false allegation that he is on the run from justice: he left Sweden lawfully and has offered himself for questioning. An appeal against this decision was filed on Monday and is pending.”
    …………
    “This is a persecution not a prosecution,” Mr Stephens said. “It is highly unusual for a red notice warrant to be issued in relation to the allegations reported as having been made, since Swedish law does not require custodial orders in relation to the allegation.”

  2. zut alors

    At last some cogent information from Assange’s corner.

    These accusations had a stench about them from the beginning. If Assange’s ‘celebrity’ can be measured for criminal culpability it will establish an extraordinary precedent. Anyone who is bedded by a famous person will be able to, on a whim, claim r*pe after the event.

  3. Meski

    The balance appears to have tilted way too much the other way in Sweden. A question: has anyone been successfully prosecuted there for a similar case?

  4. Purkaeus

    Don’t have sex in Sweden!

  5. Meski

    I’d come to that conclusion

  6. Socratease

    Indeed, it’s about time somebody gave us the facts of these charges. I have been wondering why Assange hasn’t been making a big noise in his own defence because, as with such things, the quieter he is the guiltier he appears to be.

    As for Sweden, what a pack of legislative idiots.

  7. nicolino

    Sweden has certainly become a laughing stock. What a joke they are. There is one word which describes those two “women” although the moderator would not print.
    Be very, very careful if you’re intending visiting Sweden.

  8. Liz45

    Nobody abhors rape more than me, but I also abhor people being unjustly charged with a crime they didn’t commit. I have no doubt, that this is trumped up to damage his credibility for ‘offending’ the powers that be for revealing truths we all have/had a right to know. It won’t surprise me if he has a ‘nasty accident’? I’m not surprised at all by this!Didn’t Bush sign a Presidential decree that gave him the right to kill anyone, anywhere in the world he pleases – if of course they’re ‘terrorists’? Obama could do the same thing? What names are the mad Republicans calling Julian Assange? Yep, a terrorist! Let’s have more like him I say! I’m glad he has good legal representation, particularly one who’ll tell us the real story!

    If those women are creating a story and go ahead with it, I’ll be disgusted! Surely with the ability and right to gather phone records etc, this case would be thrown out of court, but of course, there would be awful stress suffered in the interim. Let’s hope sanity prevails. They can’t all be in the ‘pay’ of the US/UK/NATO etc could they?

  9. David Husband

    Well written, and if accurate this story suggests that it is indeed a persecution. With the absurdists on the rise in the USA and elsewhere Mr Assange needs to take great care of his personal safety. I can only wish him well. As for Sweden, oh dear. . .

  10. Glenn

    The charge is BS, they’re just trying to discredit him of course but it won’t work

    Unfortunately what will work is the FBI going after him, if only he’d stuck to things other than military secrets he would have been ok.

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