the appellate Court determines the district court's acquittal judgment. According to the plaintiff was the alleged offence in a hot tub during a business party with the tv-profile 2008.
A prerequisite for that the man could be sentenced for the rape is that he was with violence forced her to resist the alleged sexual act, writes the court of appeal in a press release. This against the background of another straffbestämmelse about rape force at the relevant time.
According to the court of appeal, however, it has not been possible to prove that any use of force occurred. Therefore, have the right, nor found reason to take a position on the alleged sexualbrottet.
the district court begins the court of appeal his trial with the claim of the use of force:
– the Court of appeal considers that in the light of the long time that passed since the incident required that the plaintiff's story in all of the parts are clear support of the other investigation. The court of appeal finds that the plaintiff's allegation of use of force have not received such support. Already because of this, the man exonerated from prosecution, " says appeals judge Sven Jönson, chairman of the goal, in the press release.
the Court of appeal rejected also the plaintiff's claim for damages.
welcome the judgment from the Svea court of appeal, which exonerate her client of all concerns:
"It was expected, and an extremely long and unnecessary waiting," says Hanna Lindblom to DN.
the complainant's Counsel Elisabeth Massi Fritz is writing to the DN in a comment:
”My client is so clearly sad that the court of appeal did not come up with a conviction. She repents not, however, that she appealed the district court's judgment. The trial in the court of appeal has been important for her to process her trauma and be able to go further in life.
I have constantly chosen to not disappoint her, but rather to fight for her rights. And we have been struggling in the headwind and uphill, but prosecutors. Now need my client to focus on their behavior and try to move on in life. She's carrying a trauma that will take a very long time to process.”
freed of the district court. He has denied the våldtäktsanklagelser published in both social and established media in the metoohösten 2017.
When a united district court in June 2018 acquitted the accused of charges was done for two main reasons: the evidence was not considered to be ”robust enough” and it had been too long of time between the event and the plaintiff's complaint to the police, nine years later.
the right special consideration has been given to ”the risk of false memories”.
In the indictment against the man in district court believed the prosecutor to act as a tv-profile, exposed the woman to was to compare with the sexual intercourse. The main evidence was the woman's own story as well as witness testimony about the woman's outraged feelings at the event.
after several different media, including the daily News, for publishing the name of the tv profile in the context with the reporting on the charges and the case.