NJA 2008 s. 482

["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 found that the accused had committed rape when the man put his fingers into a sleeping woman's vagina. When the woman woke up she indicated that she was not interested in sexual intercourse with the man, whereupon he stopped his behavior. However, as the woman was asleep and thus in a helpless state when the man carried out the sexual act, he had unduly exploited her helplessness. The Supreme Court stated that the sexual offence was of such serious nature that it qualified as rape.  Acts such as forced sexual intercourse or other forms of forced penetration typically constitute the most offensive sexual assaults. [Decision on file with Avon Global Center]



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