Notice that «rape» is in part a question of translation. The charge is for «våldtäkt», the legal definition of which involves sexual interactions equivalent with penetrative sex in situations that include one of: 1. violence 2. threat of violence 3. threat of criminal acts 4. inappropriate utilization of unconsciousness, sleep, intoxication, illness, bodily injury, mental disorders or other circumstances leading to a state of helplessness
As one of the Reuters reports states that one of the charges was that JA had had sex with one of the women, initiated while she was sleeping, and with disregard for her assent conditional on condom use, it actually falls under definition clause 4.
Whether that Reuters report is accurate or not is a different question, and one I _REALLY_ would want to see a court settle instead of Random Internet Opinions and press releases from Assange's attorneys. That the charges that are rumored to have been brought fall within the defining scope of «våldtäkt» is however pretty clear.
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timeasmymeasure
no subject
Date: 2010-12-09 02:13 am (UTC)1. violence
2. threat of violence
3. threat of criminal acts
4. inappropriate utilization of unconsciousness, sleep, intoxication, illness, bodily injury, mental disorders or other circumstances leading to a state of helplessness
As one of the Reuters reports states that one of the charges was that JA had had sex with one of the women, initiated while she was sleeping, and with disregard for her assent conditional on condom use, it actually falls under definition clause 4.
Whether that Reuters report is accurate or not is a different question, and one I _REALLY_ would want to see a court settle instead of Random Internet Opinions and press releases from Assange's attorneys. That the charges that are rumored to have been brought fall within the defining scope of «våldtäkt» is however pretty clear.