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Swedish Justice 2013
Justice is not served and it is not seen to be served.
SWEDEN (Rixstep) — Two innocent boys were finally acquitted of rape after an ordeal which lasted over a year. The girls filing the complaints were finally proven to have fabricated the entire story.
The boys lost one full year of schooling and faced years in prison. But the entire story was made up by the female accusers.
It took a strong defence by Björn Hurtig to finally uncover the truth. The case shows there are fatal flaws in Sweden's current approach to justice.
Gothenburg October 2011
It all started after a party in Gothenburg 22 October 2011. Two young men were reported for rape of two young girls. The district court found the boys guilty.
The story could have ended there, but the boys appealed to the High Court, claiming there was proof of their innocence: one of them had namely filmed the entire sex act with his mobile camera.
[See Helene Bergman's report 'Assange is Right: Sweden's the Saudi Arabia of Feminism' that Swedish parents of today are encouraging their sons to do just this, what with Sweden's bizarre legal system. Ed.]
The film of the sex act was later erased - because one of the girls begged the boys to erase it. But recovering the film would end the accusations, said the boys.
Technicians at the police department claimed they'd tried twice to recover the film - unsuccessfully.
Despite repeated requests, the mobile phone was returned to the boys first after the High Court verdict. Defence counsel sent the phone to a lab to recover the film. The lab succeeded.
The mobile phone's thumbnail gallery found the film along with numerous photos of the evening. The film showed one of the boys engaged in consensual oral sex with one of the girls. There were no signs of coercion or threats, and so when the Supreme Court reviewed the film, they sent the case back to the High Court and the High Court reversed their earlier verdict.
The boys were finally acquitted.
The High Court now ruled that even if the film showed only a portion of the evening's activities, it still proved that the story the girls gave the court cannot be true and that their story withheld important information. The court also said there were a number of additional things the girls had said which one now knows were not true either.
Travesty of Justice
Defence counsel Björn Hurtig expressed relief the boys were acquitted but added that the case was a travesty of justice.
'I'm upset at the incompetence of the police, and I am upset at the incompetence of the courts. If you convict a young man of rape and he objects and says he has a film of the event, the court should order the prosecutor to do all that is possible to recover the film.'
'What we see here is a systemic flaw', said the famed attorney. 'The authorities are not always doing their job and police work is often sub-par.'
Suspended from School
Björn Hurtig's client was suspended from school at the start of the trial in the district court and has now missed an entire school year. Hurtig and his client will now file a complaint against the school and they are also considering filing a complaint against the two young girls for bringing false accusations.
Note: it goes without saying that the accusers had no 'proof' to bring to the proceedings - the boys were convicted on the testimony of the two girls. The cornerstone principle of 'presumption of innocence' was once again shown to not apply in the Swedish justice system. Say what you want, accuse anyone of anything you like, and the innocently accused have to in effect prove their innocence - something that's not only impossible but also goes against the most fundamental principle of jurisprudence.
The Swedish judicial system is drowning in false sex crime complaints. Swedish girls use rape complaints as a way to extricate themselves from embarrassing situations, to gain advantages in child custody battles, and as a radical feminist weapon. The two girls filing their false story against the two boys were certainly aware of how they were harming the boys: long prison sentences, suspension and expulsion from their schools - in short, ruined lives. But they evidently didn't give a damn, had no conscience, and had no regard for justice.
And the Swedish judicial system, knocked out of whack over twenty years ago since the Swedish Supreme Court, under heavy pressure from radical feminist elements, essentially dispensed with 'presumption of innocence', let them get away with it. If not for Björn Hurtig, the two boys would be behind bars today, their lives permanently scarred, and the two girls would be sitting at their favorite café with hot chocolate and pastries and giggling about it.
The very fact that Björn Hurtig is only 'considering' filing a complaint against the girls for false accusation shows how wacky the Swedish system has become. Many of Hurtig's colleagues, attorneys and judges alike, today belong to powerful feminist interest groups, and they will take note of what Hurtig does at this point.
The Swedish justice system is capable of sentencing the two girls to several years prison - what they've done is on the books in the Swedish criminal code as a felony carrying a minimum of two years prison - but in practice will rarely do so, this out of consideration for the poor girls who were undoubtedly victims of circumstances which effectively forced them to lie to the police and remain silent this past year. Filing a complaint against a woman who is already proven to be a felon is mostly useless in Sweden and only results in the attorney being singled out.
In 1991, under increasing pressure from radical feminist groups, the Swedish Supreme Court issued guidelines for the lower courts for use in sexual crime cases. The principle of presumption of innocence was effectively discarded.
The Swedish Supreme Court told the lower courts that the testimony of the female complainant must in effect always be accepted, no matter the male defendant has an equally plausible story which contradicts the female complainant's version of events. The court may find for the accused only if there is tangible evidence of foul play, such as contradictory statements by the female complainant or suspicion of an ulterior motive for making a false accusation.
This bizarre ruling, rather unique in the annals of jurisprudence, is the basis of the legal quagmire today that has resulted in 'rape statistics' rivaling South Africa and is the reason so many innocent men are now serving long prison sentences for crimes they didn't commit, and it's the reason concerned parents contacted Helene Bergman to tell her how frightened they were, that their sons are now filming their sex acts to protect themselves from reprisal. Reports from, amongst others, the university town Lund show just how prevalent this practice of false rape accusations has become.
The Swedish judicial system is risibly weak, flawed by design, and the Supreme Court guidelines for adjudicating in sex crime cases makes justice in such cases impossible. Justice is not served and it is not seen to be served.
Apparently Swedish laws are unique. If you have a penis you're half a rapist before you even get through customs.
- Scott Adams
If I am able to reveal what I know, everyone will realise this is all a charade. If I could tell the British courts, I suspect it would make extradition a moot point.
- Björn Hurtig
I can tell you that the Swedish prosecution still hasn't provided copies of those SMS texts that have been referred to. Those texts are some of the most powerful exculpatory evidence. In Australia prosecutors have a very grave duty to disclose such evidence to courts when seeking the grave exercise of a court's power against an individual. Yet in Sweden in this case, in the first hearings to obtain an arrest warrant, those texts were not submitted to the Swedish court, which is highly improper.
- James Catlin
The truth will out, the truth wins out. Let no journalist ever again speculate into what the protocols say. Six months of digging and the people at Flashback have the actual documents. The sleaze printed by rags such as the Daily Mail, Sweden's Aftonbladet and Expressen, and perhaps above all the toxic Nick Davies of the Guardian, can stand no more. Yet more: these documents are an indictment of the 'news organisations' who've printed deliberate inaccuracies all along or even worse: refused to print anything at all. Nick Davies' account of the protocols was maliciously skewed; both Aftonbladet and Expressen had copies early on and printed nothing. Bloggers had copies but arrogantly kept the information to their Smeagol selves.
- The Assange Police Protocol: Translator's Note
Rixstep Industry Watch: US Govt: Formal Travel Warning Sweden
Rixstep Red Hat Diaries: Assange is Right: Sweden's the Saudi Arabia of Feminism