The defendant was charge with sex crimes, including: (1) rape of woman A, (2) sexual coercion and rape of woman B, and (3) sexual coercion and attempted rape of woman C. It was alleged that the defendant assaulted all three women while he was highly intoxicated. The district court convicted the defendant on all charges, but the Court of Appeal reversed the convictions on the charges related to women B and C. Regarding woman A, however, the Court of Appeal affirmed defendant’s conviction because, at the time of the rape, woman A was in a helpless condition and asleep from intoxication. Although the defendant argued that he should not be held liable because he was intoxicated, the court rejected his defense. The Court of Appeal recognized that the law classifies rape as less severe if there is no penetration, or that the penetration was brief and interrupted after the victim wakes up and objects to having intercourse, no such mitigating circumstances were present. Consequently, the defendant was convicted of rape of the “normal” degree (Sw. av normalgraden).
Women and Justice: Court: Svea hovrätt (Svea Court of Appeal)
During a four-month period, A.H. made several unlawful threats (Sw. olaga hot) toward his ex-wife. The question in the Court of Appeal was whether the unlawful threats constituted repeated violations of the ex-wife’s integrity and whether the threats were meant to seriously harm her self-esteem. The Court of Appeal acknowledged that the parties were going through a divorce, where both parties expressed hurtful words to one another. As such, the Court of Appeal held that the unlawful threats did not constitute a violation of a woman’s integrity (Sw. kvinnofridskränkning).
During the course of a three month-long relationship, M.H. assaulted A.I. four times. The question in the Court of Appeal was whether M.H. and A.I. lived together under circumstances that could be considered equal to a marriage and, if so, whether the repeated assaults should be classified a violation of a woman’s integrity (Sw. kvinnofridskränkning). The Court of Appeal held that they did not. Because the couple did not share a household, the crime could not be considered as violation of a woman’s integrity. The Court of Appeal then assessed whether the couple were “closely related persons” (Sw. närstående), which would allow the assaults to be classified as aggravated violation of the integrity (Sw. grov fridskränkning). However, the Court of Appeal held that the relationship was too short for M.H and A.I. to be viewed as closely related persons and refused to convict M.H. of aggravated violation of the integrity.