"A 23-year-old man who was convicted in the district court for the rape of a contemporary of the friend is freed now of the court of appeal."
"the Woman woke up that he had anal sex with her – but according to the court of appeal, it is not proven that the man knew she was sleeping."
"the Man and the woman know each other since several years back as friends through school, but have never had any love relationship. "
"During a party in Malmö in november last year that both went on the woman would sleep over at the 23-year-old, reports Today's Law. Both had been drinking alcohol and the man used cocaine in festkvällen. "
"the 23-year-old has told how he had been ”extremely active” on the basis of the cocaine he had taken. The woman wanted to keep an eye on him because of it and noticed that he had a hard time to unwind. During the night woke up she was in pain when the man had anal intercourse with her. She left the apartment and contacted the police. "
"was Sentenced by the district court"
"She had not perceived that he asked for her consent and in February of this year was charged 23-year-old for both drug offences and negligent rape. The district court fell him for negligent rape – they considered it proven that the 23-year-old is understood that the woman slept, based among other things on his evidence that she remained silent and still throughout the intercourse. Ystad district court sentenced the man to imprisonment for two years and three months – now disapprove of the court of appeal over Skåne and Blekinge, judgement. "
"Right: Goes to prove"
"the Court believes that, although the woman remained motionless during the sequence of events is not possible to prove that the man understood that she was not given its consent. "
"At some point, she answered ”mm” on any question he asked, but not understood what she responded to. When the woman woke up, he must have appeared surprised, – which the court of appeal says supports his version that he did not understand that she was sleeping. "
"However, the judge of the district court him guilty of minor offences."