NJA 2017 s. 316

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K.K. had sexual intercourse with a 14-year-old child. The issue before the court was whether KK had reasonable reason to believe that the child was under the age of 15 and, thus, whether the sexual act constituted rape against a child. The child (Sw. målsäganden) initially lied about her age to K.K. but, according to her own testimony, she revealed her true age to KK before they had sex. The Supreme Court concluded that the child’s age was unclear and, in any event, that her testimony was not trustworthy because the defendant’s attorney was not present when she was initially questioned and she was not subject to cross examination. As a result, the Supreme Court held that evidence was insufficient to support a conviction.



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