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I dont know what to say about this, what do people think

"Infidelity checked" his girlfriend during voluntary intercourse - convicted of rape
Published 23 February 2024 at 08:51
LAW & JUSTICE. In connection with voluntary intercourse, a man put his fingers up his girlfriend's abdomen in order to check if she had been unfaithful. Now he is sentenced for rape to 1.5 years in prison by the Supreme Court.

The investigation shows that, when they had sex, the woman voluntarily let the man put his fingers up her vagina in the belief that it constituted an introduction to intercourse.

However, she states that she later realized that he was trying to feel if she had another man's sperm in her genitalia. However, after the alleged "catch-up", they continued to have consensual sex.

The man was charged with, among other things, rape, and the district court found that the act had taken place with the aim of checking whether the girlfriend had been unfaithful. Since the woman had not consented to the act being carried out "for that purpose", the district court judged that it was a case of rape.

The Court of Appeal upheld the district court's judgment in the relevant part.

The Supreme Court now states that on the occasion in question "in and of itself voluntarily participated" in sexual acts with her boyfriend. However, according to the court, the fact that she has voluntarily participated in certain sexual acts does not mean that other types of sexual acts that have occurred at the same time should also be considered voluntary.

According to the Supreme Court, the nature of the act that the prosecution referred to and the manner in which it was carried out clearly differed from the other sexual acts in which the woman voluntarily participated. that the defendant understood that the plaintiff did not want to be subjected to a control but that he carried it out anyway."

Even the Supreme Court therefore convicts the defendant of rape, a lesser serious crime.

The man is sentenced to prison for 1.5 years. He is also convicted of gross violation of women's privacy.

- The case illustrates that different parts of a sequence of events may have to be assessed in different ways in a case of sexual crimes, says Justice Johan Danelius, who was one of the judges who participated in the ruling, in a statement.

- A person may have participated voluntarily in some parts but not in others, he continues. It must always be assessed how far the volunteering extends and what it refers to, concludes Danelius.