NJA 2005 s. 712

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L.G. was accused of violation of a woman’s integrity (Sw. kvinnofridskränkning), assault (Sw. misshandel) and rape of his wife, C.G. Because the couple’s three children were present when the alleged abuse occurred, L.G. was also charged with violation of their integrity. The Supreme Court found that C.G.’s statements were more credible than L.G.’s, partly because the couple’s three children concurred with C.G.’s version of events. Accordingly, due to L.G.’s repeated violation of C.G.’s integrity, the Supreme Court found L.G. guilty of violating C.G.’s integrity. Regarding the rape charge, however, the Supreme Court did not find sufficient evidence to convict L.G. Aside from C.G.’s testimony – which left doubt as to the time of the alleged rape – there was no evidence to substantiate the rape charge. Therefore, the Supreme Court held that the prosecution failed to prove the rape charge beyond a reasonable doubt. Nonetheless, because the court determined that L.G. had assaulting C.G. and their children, the court sentenced L.G. to two years and six months imprisonment.



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