NJA 2008 s. 1096 I and II

["A person who, by violence or threat involving or appearing to the threatened person as imminent danger, forces the latter to have sexual intercourse or to engage in a comparable sexual act, shall be sentenced for rape (…)" Chapter 6, Section 1 of the Swedish Penal Code.]  The Supreme Court ruled on the distinction between a sexual act and sexual intercourse. Although the victim in this case was a child, the decision still gives some guidance with respect to crimes against adults. A man took an eight-year-old girl with him to a backyard, where he kept a firm hold of the girl and pulled her pants and panties down against her will. For a moment, the man pressed his penis in between the girl's buttocks, which inflicted certain pain to the girl. However, since the offense was brief and since the man had neither touched the girl's genitals nor anus, the act was not considered comparable with sexual intercourse. The man was convicted of sexual abuse of a child. (The distinction was important at the time but the legal definitions have since changed and even without sexual intercourse or penetration it would now be possible to convict someone for rape of a child.) [Decision on file with Avon Global Center]



Avon Center work product