A
32-year-old man charged with assault after having violent sex with a teenager
has appeared in a Malmö courtroom in a case testing how much sexual violence is
legally permitted in Sweden between consenting partners.
The 16-year-old girl came in contact with the man through a
sadomasochism-themed website and later signed a slave contract in
which she consented to being used, abused and thoroughly humiliated.
I want to have a really hard master. Someone who won't wimp out,
the teen wrote during their online chat, according to the Aftonbladet
newspaper.
During their sexual encounter, which took place in January, the girl
allowed herself to be locked in a cage and have clamps attached to her
breasts, according to several media reports. The 16-year-old was also
hit with whips and rulers, and made to have oral sex until she vomited,
according to Aftonbladet.
Police were alerted to the alleged assault when a relative of the
teen noticed she had bruises all over her body.
The issue of how much sexual violence is allowed between consensual
sex partners has never been heard in the Swedish court system and
experts in sadomasochism are expected to be called to testify in the
hearing in Malmö district court.
What I want to establish is that even if they say they are in
agreement over this then you not allowed to seriously assault someone,
prosecutor Ulrika Rogland said. It is on this issue that the district
court has to issue a ruling, is this aggravated assault and was she able
to agree to it?
In her opening statements on Monday, Rogland claimed the girl's
consent to the violent sex should be nullified because the man was aware
that she was prone to self-harming behaviour, according to Sydsvenskan.
However the man's attorney,Bo Peterson, claimed that while the
32-year-old knew of the girl's behaviour, he thought had outgrown it.
When the girl arrived at his apartment they discussed anal sex,
among other things, as well as what word they would use to signal to the
other to stop their activities if the pain became to great.
Update:
Acquitted
29th September 2010. Based on
article from
thelocal.se
A 32-year-old man has been acquitted of assault after having violent
sex with a teenager in a landmark case testing how much sexual violence
is legally permitted in Sweden between consenting partners.
The Malmö district court acquitted the man on charges of aggravated
assault over a weekend of slave-like sex with the then 16-year-old girl.
The ruling is taken as a primary legal indication over whether a girl
prone to self-harm is able to consent and submit herself to violent sex.
The district court noted in its ruling that valid consent can not
apply to aggravated assault, which in general can neither afford freedom
from responsibility for the perpetrator. The court considered the level
of violence to which the girl was subjected to be reduced to a
classification of assault.
The court thus ruled that this was not a case of aggravated assault,
and also noted that the girl had issued her consent of her own free
will, observing that she had herself taken the initiative in contacting
the man.
During their sexual encounter, which took place in January, the girl
allowed herself to be locked in a cage and have clamps attached to her
breasts, according to several media reports. The 16-year-old was also
hit with whips and rulers, and made to have oral sex until she vomited,
according to Aftonbladet.
The girl was over 16-years-old and thus above the age of consent and
the court ruled that it had not been proven that her age, her history of
self-harm, or any other extenuating circumstance, rendered her unable to
understand what she was consenting to, or that her consent was meant in
all seriousness. The court furthermore observed that the girl had
previous experience of BDSM sex and thus knew what she was getting
herself into.
