Women and Justice: Keywords

Domestic Case Law

NJA 2016 s. 819 Högsta domstolen (Supreme Court) (2016)

Sexual violence and rape

Two men were traveling in a car with a sleeping woman.  While the woman was still asleep, and under the influence of narcotics, the defendants raped her.  Both were convicted of rape.  One of the defendants appealed his conviction to the Supreme Court, which found that, because the defendant raped the woman and subsequently helped his co-defendant move the woman from the front to the back seat of the car for the purpose of raping her, he was properly convicted.  Swedish law classifies multiple acts of rape from multiple persons as aggravated rape.  Here, the defendants committed some of the acts together and the individual acts in succession, so the acts were viewed as aggravated rape.



Dorotea Ortega de Guerrero c/ Efraín Guerrero Tarifa Sala Penal (1998)

Sexual violence and rape

Charges were brought against defendant for allegedly sexually abusing his 14-year old daughter for a period of 30 days while they were in Argentina. The lower court found defendant guilty of aggravated rape, in violation of Article 308-2 and 310-2 of the Penal Code. Upon defendant's appeal, the Court affirmed the lower court's ruling, holding that the victim's testimony coupled with that of the defendant's brother, who witnessed and first reported the rape, was sufficient evidence to convict the plaintiff.



Miguel Flores López c/ Cresencio Vedia Quispe Sala Penal (2000)

Sexual violence and rape

Charges were brought against defendant for the aggravated rape of a 20-year old handicapped woman, suffering from muscular atrophy. According to the victim, who was the defendant's sister-in-law, the defendant entered her room, threw her on the bed, raped her and left. The defendant allegedly raped the victim a number of more times, resulting in pregnancy. The defendant then allegedly attempted unsuccessfully to induce victim's abortion, at which time the victim reported the incidents to her father. The trial court ruled in favor of the defendant, holding the victim's testimony to be too inconsistent and contradictory to secure a conviction. The appellate and Supreme Court, disagreed, holding that there was sufficient evidence for a conviction.



Ministerio Público c/ Julián Cachiqui Da Costa Sala Penal (2001)

Sexual violence and rape

Defendant was accused of aggravated rape of his 11-year old daughter, in violation of Art. 308 and 310-2 of the Penal Code. The defendant admitted to the rape, explaining it was an irresistible impulse. The trial court held that there was sufficient evidence not only to prove that the Defendant had raped his daughter, but that he had used force and threats of force to do so. Defendant was sentenced to 12 years in jail, and fined punitive damages. On appeal, the appellate court held that the appropriate sentence was 13 years, and that the penal code did not allow for the punitive damages. The Supreme Court affirmed.



Susana Hurtado de Barrero c/ Francisco Barranco Ramos Sala Penal (1998)

Sexual violence and rape

Defendant was charged with the aggravated rape of his 9-year old daughter. After considering a medical exam that confirmed rape had occurred, and hearing testimony from the victim naming her father as the aggressor, the lower court found defendant guilty of aggravated rape. The defendant appealed, alleging the accusation of rape was an attempt by the girl's mother of getting revenge against him. Finding there to be sufficient evidence for a conviction, the Court affirmed the lower court's ruling.