Funny that you quoted part of the reason that it is believed that Sweden has a high complaint level, and not the rest. Funny that you also forgot to add the part of the quote that stated that Sweden's rape rate isn't different to other countries.
in Sweden a lot of effort is made to register all cases that can be suspected to be rape. As this is done at a very early stage of the process, cases are included that later turn out to be some other sex crime, or even no crime at all. In addition to this, all individual acts are registered — not just the latest occasion or the main crime. In many other countries cases like these are filtered out and do not show up in the statistics.
No, it's not 'funny' at all, it's another issue. What this case (and the number of unprosecuted claims in both Sweden and Britain) actually suggests is that the idea that there are a
lot of unreported rapes is nothing but a myth. They encourage everything to be reported, and what they find out is most are not rape. It does not surprise me that there's those who'd like to fight that revelation
tooth and nail. I've heard it myself dozens if not hundreds of times, but if
this is the caliber of the
majority of those 'unreported rapes' that suggests those stats that are compiled through 'victim studies' are probably of a dubious nature: taking isolated incidents out of their proper context. There are certainly incontestable rapes that go unreported, highlighting those as case studies but then including the pretense that those statistics are generated (mostly) on the basis of those and not dubious claims like this (and the others not prosecuted) is likely to be deceiving.
I have no idea why you linked to Nigel Hawkes article to try and prove that Sweden had a high conviction rate of three to four times the European Average as he never states that in the article, all he says is that the UK's is lower than Sweden's.
Middle of the
fourth paragraph:
Nigel Hawkes Independent 9/18/10 said:
Sweden convicts three to four times as many men per head of population as the European average, but still has almost as low a conviction rate as we do when measured as a proportion of rapes reported to the police.
It is well known that rape is notoriously hard to prosecute because 90% of the time it is merely a "He says, She says" case with very little physical evidence. Just because the police fail to prosecute or even when a defendant is found Not Guilty doesn't mean no crime was committed and that the complaint was bogus, it means there wasn't enough evidence to convict. Now that's not saying that all complaints are true either, just that a complaint can be true, but for reasons of evidence it may never get a conviction.
As to this particular case, I think we're just going to have to agree to disagree. I firmly believe that starting sexual intercourse with a sleeping person you are not in a long term relationship with and have no reason to believe that the person would consent if awake, and every reason to know that they would not, is a criminal action that most legal states call rape. You clearly don't. I guess at that point we are at an impasse. It would appear from this case and others that the laws agrees with me however.
I doubt that. If the sleeping part
in this case was actually a factor, how come he wasn't charged with
three counts of it? After all her story implies that was the third time they'd woken up to sex, after the first two she went out and got him breakfast and climbed back into bed with him for more sex. No, in this case they both got into bed with an expectation of sex, this is not a case where a sleeping person is
surprised by sex, this is one where that's what they were in bed for. Only by removing the context do you end up with anything else.
This is what we call a false dichotomy.
What's your explanation for a fifty percent increase in reported rapes in five years? Either the number of actual rapes has gone up or there's been more false reports, I think the latter more likely.
No one is claiming that the sex in the case of AA wasn't consensual sex, in fact as you point out she herself says it was. This is why the accusations in the case of AA are not Rape, they are 1. Unlawful coercion, and 2. Sexual molestation. Neither of these require that the sex was non-consensual, so you are throwing in red herrings there. The accusations relate to his alleged holding her down and preventing her from moving while she struggled against him, and the alleged deliberate breaking of the condom.
Yeah, that's silly. It amounts to him being on top of her during sex that even at the end she agreed was consensual, and she also has to admit that she wasn't denied her condom.
Yes he demurred by allegedly stripping off and rubbing himself against her, an action that left her upset and made her left the property and request him to be gone, something he failed to do for another three days. I'm not sure what world you live in, but the idea that after having had sex with someone once, you are entitled to behave like that towards them is more than creepy to me. By the way, sharing a house and even a bed is NOT a open invitation to having sex, even if the person has had sex with you previously. In fact even being in a sexual relationship with another person is not an open invitation to having sex whenever you want it as most countries have conceded by the introduction of spousal rape laws.
Did you notice she never related that she'd said 'no?' Having sex with someone and continuing to sleep in the same bed might lead to further attempts without the 'no' word ever being uttered.
If you consider two perhaps three times to be a "marathon sex session".
Three to four, not counting the extended foreplay session where he was unable and she was hurt because of it.
Blatantly incorrect. on the previous occasions she stated that they awoke and had sex, not that they were awoken by having sex.
If she wasn't sure it seemed the most likely explanation is she was woken or half-asleep:
Sofia's Report said:
She must have fallen asleep for later she woke up and they had sex.
[...]
They fell asleep and when they woke up they could have had sex again, she's not really sure.
Again incorrect in details. She called in sick after Assange had left. Going and getting breakfast (which according to her he ordered her to do and wasn't happy about) is not an open invitation to sex.
What they did immediately after she returned was have more sex!
Sofia's Report: said:
He wanted her to go out and buy more breakfast. She didn't want to leave him alone in the flat, she didn't know him well enough, but she did it anyway. When she left the flat he lay naked in her bed and was working with his phones. Before she left she said 'be good'. He replied 'don't worry, I'm always bad'. When she returned she served him oatmeal, milk, and juice. She'd already eaten before he woke up and spoken with a friend on the phone.
The Assault
They sat on the bed and talked and he took off her clothes again. They had sex again and she discovered he'd put the condom only over the head of his penis but she let it be.
I figured when the breakfast was gotten was when the call to work was made, being as they'd have two more sessions of sex and sleep as well, however reading it again it implies the call was made after the trip to the train station which is certainly possible as well, it just suggests she works late or her work doesn't care if she calls in much later than she was supposed to be there, both of which are plausible.
I highlighted the important part for you. Whether you like it or not, previously having has sex does not give you cart blanche to keep having sex whenever you like, even if that sex was earlier in the day. Secondly, starting to have sex with someone who is asleep is a potentially a criminal offence because they are not in a condition to give their consent to such an action. The issue for if it is or isn't for me is would the person have given consent to the action had they been awake? In this case the answer is quite clear. Since she had demanded the use of condoms previously, in fact in her own words "She'd been nagging about condoms all night long," she would not have consented to having unprotected sex with Assange had she been awake when the act had commenced.
In the context of having sex that many times having gone asleep and waking and going asleep again that trying to call rape without a 'no' ever being uttered is
ludicrous. She consented to having sex repeatedly and stayed in bed with him and even returned to the same bed, trying to divorce that sessions from the others may be necessary to make a rape case, however that suggests the rape case is damned specious.
To me the actions taken afterward are irrelevant to whether consent was given for two reasons. 1) I find it very hard to accept the post dating of consent. Consent needs to be given before the action, not after. If consent is not gained before an action, then by definition that action is non-consensual. And no, consent can't just be assumed by previous actions. 2) In many cases, and it appears this is one, once the action has been started, the infringed party merely accepts that action based on the fact it is already being done. This is not consent but rather resignation to the action after the fact.
That's why the word 'no' is necessary, as requiring a 'yes' for each action after the agreement to sex just
isn't going to happen.
This boils down to the whole "Victims must act in the specific way I demand or they can't be victims" mentality. I fail to agree with you here. People act in entirely different ways to things, and most of the time that won't be the way you demand that they do. Also, to the whole "no absolute insistence of a condom" the only time she failed to insist on one was when he started when she was sleep. Assange was fully aware that on the previous occasions she had indeed insisted on his using them and so had absolutely no excuse for claiming not to have known it in the final case. The allowing it to continue was not an acceptance of not having one, but rather a resignation to what was being done to her because it was too late to change it.
She has to let him know if it's that big a deal, otherwise she can't claim rape on what she was
thinking but didn't bother to
say. Just about all people who have had sex have at some time resigned themselves to doing something that they didn't especially want to, that doesn't mean the other party committed
rape--most notably if the action taken wasn't especially unusual. Having sex like the vast majority of humans in history have had it isn't notably untoward, and there were no consequences for not using a condom in this instance.
"She felt it was too late. He was already inside her and she let him continue. She couldn't be bothered telling him again. She'd been nagging about condoms all night long."
This is a classic response to a feeling of powerlessness and resignation to allow a form of abuse to continue. It doesn't make a person any less a victim. When a spouse is being beaten, they don't stop being a victim because they give up and just accept the beatings without complaint.
'Abuse?' She was having sex like she'd had numerous times already! The difference was the millimeter of latex. If it was that big a deal she needed to speak up, her regaling a 'feeling of powerlessness' after speaking to those who know 'legal revenge strategies' and being elicited by someone familiar with the terminology doesn't make it so, and in any case one cannot expect Assange to read her mind.
Wow. Sorry but being in bed naked with someone in no way shape or form implies consent to having sex.
Not quite what I meant. It was more along the lines of being naked in bed after consenting to sex. Each and every action taken after that does not require a 'yes' but a 'no' can withdraw consent--that's what I was getting at.
We're not talking about trying "something mild and not out of the ordinary (for the relationship they had)" we are talking about a man starting sexual intercourse in a manner that he knew, after being told repeatedly, was unacceptable at a point in time that he also knew the woman would be unable to object to his doing so. No contracts and choreography needed, just some descent human manners and being able to do what the woman wanted after being told multiple times, rather than forcing his own will onto her.
She doesn't give the impression it was 'unacceptable' but that she kept reminding him and making them convenient. Anna was the one who's story was of an absolute insistence, Sofia's not so much.
Again untrue to her statement. It states that she learned that "she understood she was the victim of a crime" after talking with her friends later. It doesn't state, and there is no evidence that this discussion happened after she had spoken with AA and found out he'd slept with her. If anything she was likely under the impression given to her by Assange that AA was only into girls at the time she spoke to her friends.
Not quite, go to Anna's story:
Anna's Report said:
She received an email message from Sofia Friday 20 August where she wonders if she can reach Assange as she had something important to tell him. Anna understood immediately what it was about and contacted Sofia who then told her what had happened to her, that she and Assange had had sex and that he didn't want to use a condom etc. Sofia wanted to follow this up with the police and Anna decided to follow along, foremost as support.
Anna says she already heard from several sources that Assange 'chases all women who cross his path'. Considering Assange's reputation Anna felt it very important that they used a condom the time they had sex, that is the day before the seminar.
This whole debacle started when she first communicated with Anna which alerted her to the fact that Assange was sleeping with Anna who
wasn't just into girls like Assange had said ('The lying Beast!') and under the assumption the rest is true she and her probably spoke to their other friends at this point and compared notes and gossip about his reputation.
Yes amazing isn't it, some people may not know that they have been offended against until it's explained to them by someone else that actually knows the law. Funny thing, I didn't know I had been illegally dismissed from a job back in 1998 when I was forced to resign, until I had it explained to me a couple of months ago. I was in the dark about being the victim of an employment crime for 14 years! I was also involved in a case of sexual harassment (as a victim) where I didn't recognise what it was for well two years until I attended a seminar on sexual harassment in the workplace and went, OMG that was me. All I knew what that the person in question made me highly uncomfortable in her actions towards me. By that stage I had already left the company, and so has she. The fact of the matter is that in the clear light of day, and with a number of years to reflect on what occurred, you still seem to be unwilling to accept that it might have been a crime, so to point the finger and say she should have known immediately and responded to it as such, or it wasn't one, certainly is a double standard.
I don't think a crime was committed based on her own testimony, neither did the original prosecutor. In fact I don't think it reasonable to assume such an action
should be--except possibly by the barest technicality in a country with absurd laws.
Or she might have found out that commencing sexual intercourse when a person in unable to consent and doing so in a manner they would not have consented to is called non-consensual sex, or if you want a non technical term for it, rape.
However if the likely result of such a report is that the accused will be automatically arrested and thrown in jail and no blame is likely to attach to the accuser,
and there's proof one of them knows this and it's become quite trendy culturally to make such complaints, then I think the nature of that conversation was probably not as much her being informed a crime had been committed against her.
I'm not going to bother responding to the last part of the post as it really is just more mudslinging that has been repeatedly dealt with in this thread.
Mudslinging? No, politics, but the two are often related. In this case it seems the most likely explanation for why this was resurrected and pursued, and I don't think it has been properly 'dealt with' in which case it should be acknowledged.
ETA: Actually I will add one more thing. If these two were really out to get Assange, I suspect that they would have done a far better job. Instead of saying that he held her down AA could have come up with a far better attempted rape story I am sure by just embellishing the statement she gave a little more. Adding in how she told him she wanted him to use a condom and he refused and tried to push her legs apart anyway saying he wasn't going to use one, and that it was only after she got out from under him and he convinced her he was sorry and would use one that they had sex. For SW she could have stated that on waking and finding he wasn't using one she told him to get off and he refused and held her down to finish. These stories would have been very easy to concoct and use, not that far from what they did tell so as to be seen as suspicious, but would have been far, far stronger as accusations. The fact they didn't make them stronger is to me one of the major signals that the tales are true.
I agree here actually, I think this is merely a case of Sweden's curious current culture in this regard, which explains the original complaints, and then it getting picked up by those who fanatically support that and wanted to make an issue of it. There's other indications the two original complainants aren't the ones who pushed it to this extreme: it may be true that all they wanted was to humiliate him like they felt after they found out he'd been sleeping with both, the mechanism being the arrest and HIV test. It just so happened after that it got caught up in Sweden's state of sexual politics which also happen to be trendy in the UK.