It's indeed a far right Swedish rag, it's the only publication that ran with this story and this twist. I would been shocked and horrified of the facts if I hadn't seen article was by Fria tider.
First of all Swedish courts and it's laws in terms of sexual assaults are too extremely vague and lax at times, been so for a while, not updated or coherent enough laws leading to too guarded of sentencing ( some cases were pedo fathers rape their daughters and get less then 2 years...). That's with adults, now imagine when it's a case involving minors?
The dude is a total perv sleaze bag to say the least. Quick googling of the facts of the actual initial sentencing in original court and then later the appeal in higher (Supreme?) Court facts and actual verdicts says:
This happend in October. He was sentenced to raping her, an 18 year old raping a minor, convicted for 10 months closed Juvie facility.
It was successfully appealed in April just now.
In first glance bizzare ruling (more for one aspect of it for me) From what I gather from the fuzzy run of facts from different places is this, 3 mitigating facts they took into consideration it seems, 2 of them are directly from verdict documents and 3rd I read in other sites /forum only . 2 of the 3 I understand even if I wouldn't fully agree with the verdict, last one I don't at all...
1) He proved with iraqi birth documents he was born in 99 and was 17 about to turn 18 at the time and not just turned 19 as he was erroneously signed in as apparently in state immigration records (its not uncommon for minor errors to occur while filing your age, then too afraid to change fearing deportation, and of course alot of people lie about their age seeking asylum, tho usually make themselves alot younger to start school earlier, get benifits, not a year older, so more likely just a mistake) . This lessened the punishment by some margin. Apparently this, coupled with vital bit of later 2nd point, made it taking sexual advantage of a minor instead of rape, he is 17 and she 14 about to turn 15 (im not sure if that's age of consent here, but it's alluded to like it would been more ok). And being tried as a minor made punitive measure just a third of what it would been as an adult. Got supervision, lesser few months reduced sentence and hefty fine to pay her (not 60k SEK but 140k SEK).
2) The girl was his former "girlfriend" which he had more frequent consensual sexual relationship with previously (wtf if they missed this in December trial?) . The short clip the douche took while filming them apparently proved it wasn't rape but consensual, she gave her ok with vaginal sex but said no no later to anal sex. Verdict didn't mention about blackmailing or threatening, could not be proven (first trial convicted him of rape due to this claim it seems) , mentions of her coming to his apartment freely. In a nutshell it's seen as taking advantage of a minor but not rape due to above consideration.
Now last and 3rd point which I disagree with since it's so fuzzy and opens up a can of worms for criminals if they are serious with this. The actual appealed court documents use a supposed or suspected AHD condition as a mitigating factor, that he couldn't comprehend /process her no (to anal) because his hard to focus AHD made it harder for him to interpret her no or get what's expected of him, social norms wise? (not because of language as that faschist rag headline hints at, but AHD?) It's seems bizzare and very much an open door to criminals to just claim a highly vague "condition" like AHD as excuse if it's seen as a mitigating factor like this? Even more crazy is the verdict says Suspected AHD, not proven, even if I would doubt the reasoning if his AHD was proven, but just suspected condition impaired him? Lol.
@Ali @JCK or any other swede can maybe explain part of the verdict summary better then I did. Here's some of it for the successful appeal in swedish:
Ezzuldeen Abd har en misstänkt ADHD-problematik, samt svårigheter att tolka och
samspela med andra människor och förstå vilka normer han förväntas leva upp till.
Med hänsyn till hans personliga förutsättningar, och mot bakgrund av vad som framgår
av inspelningen, kan det enligt hovrätten inte uteslutas att han trodde att målsäganden
frivilligt gick med på samlaget. Av betydelse för den bedömningen är även att målsä-
ganden och Ezzuldeen Abd tidigare hade haft ett förhållande. Innebörden av det som nu sagts är att det inte är bevisat att Ezzuldeen Abd hade uppsåt till att samlaget genomfördes med hot.
Den delen av åtalet ska därför ogillas.
P. S It's bizzarely funny to read in some far right / racist sites or forum that some of the commentators stopped caring about the little girl when they found out she is Swedish citizen but also ethnic Arab like the assailant.
Skickat från min SM-G930F via Tapatalk
