Court jails man for having sex with woman who asked him to stay the night in her house.
Sweden’s top court on Thursday convicted a man of “negligent rape” in a landmark ruling on a year-old law that states sex without explicit consent constitutes rape.
After reviewing the evidence, the Supreme Court rejected the defence’s argument that there was silent consent between the 27-year-old man and a woman.
The two met via social media and agreed to meet in person in October.
This was the first ruling by the Supreme Court since the law entered into force in July 2018.
It was designed to ensure that all partners are willing, and requires explicit consent before sexual activity – either verbally or through body language.
It included two new offences – “negligent rape” and “negligent sexual abuse” – with “negligence” reflecting that one of the parties did not participate voluntarily.
The woman invited the man to visit her and offered for him to stay the night since he lived in a different city.
She said she wasn’t interested in sex, and in a text message he answered “OK,” the court said.
Both slept in the same bed. During the night he had intercourse with her. The woman said she was paralysed and passive during the event.
After analyzing her testimony and other evidence, the court concluded the sex was not voluntary and found the man guilty of gross negligence.
He was given an eight-month sentence.
The bill was debated for several years, and received new impetus in the wake of the global #MeToo movement, in which women from many walks of life shared accounts of sexual violence and harassment.
