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> In Sweden is called "rape" but in the US would be called "consensual sex" If you have sex with someone and tell them you will use a condom and don't, that is

> In Sweden is called "rape" but in the US would be called "consensual sex" If you have sex with someone and tell them you will use a condom and don't, that isn't consensual.

grandalf 10y ago
True, however it is not typically labeled "rape" when the sexual contact aspect is consensual. It seems to constitute some sort of wrongdoing, but potentially also a misunderstanding. In any case, headlines and comments omitting this information and highlighting rape accusations are certainly intended to create a specific impression.
- alex_hitchins 10y ago
  > It seems to constitute some sort of wrongdoing Saying you are wearing a condom when you aren't is wrongdoing.
  - grandalf 10y ago
    > Saying you are wearing a condom when you aren't is wrongdoing. Of course it is. Assange disputed the accusation and claimed that there was mutual understanding of the status of the condom. In any case, barring an unwanted VD or pregnancy, it seems peculiar to decide to pursue legal action about this a month after the fact. While it's possible that Assange acted boorishly and inappropriately, I think rape is not the right word to describe it. Would a woman who lied about having been on birth control reasonably be said to have raped a male partner?
    - alex_hitchins 10y ago
      > Would a woman who lied about having been on birth control reasonably be said to have raped a male partner? No. But birth control isn't the only aspect to the issue. As you stated, sexually transmitted diseases are an issue. More of an issue arguably. Also, two women have reported the same behaviour (to my knowledge). Although not enough to be considered a pattern, it's disconcerting.
      - grandalf 10y ago
        > Also, two women have reported the same behaviour Yes, it is my understanding that at least one of the women and the new prosecutor involved have expressed that the case should be dismissed.
- soundwave106 10y ago
  One of the charges as I understand it is Mr. Assange had sex with one of the accusers while she was asleep. That definitely seems to qualify as rape in Sweden penal code (https://lagen.nu/1962:700#K6P1S1 https://lagen.nu/1962:700#K6P1S1 -- note I'm relying on Google Translate so corrections welcome). Sweden is not the only country that considers sex with someone sleeping or otherwise unconscious as rape; a quick look at UK law for instance seems to bring this up in section 75 (http://www.legislation.gov.uk/ukpga/2003/42 http://www.legislation.gov.uk/ukpga/2003/42). Even in Mr. Assange's native Australia, failure to withdraw from sexual intercourse after consent is withdrawn appears in itself to be considered "rape" in all districts but Queensland. (https://www.alrc.gov.au/publications/25.%20Sexual%20Offences/%E2%80%98rape%E2%80%99-penetrative-sexual-offence#_ftn20 https://www.alrc.gov.au/publications/25.%20Sexual%20Offences...) There are varying degrees of rape in Sweden, as I understand it Mr. Assange is being accused of the most minor degree of rape due to the circumstances. Still, it seems like what he is accused of is typically labeled "rape" in many places.
  - grandalf 10y ago
    Do you know the current status of the cases? I believe one or both was dropped at the behest of the accuser(s) or prosecutor.
    - soundwave106 10y ago
      From what I see of the current status, the investigation regarding a rape charge is still pending; the other charges hit their statute of limitations last year. Since this is a recent article, I assume someone is still someone is still interested in pursuing the case currently. http://www.news.com.au/world/europe/julian-assange-rape-case-hinges-on-interrogation-swedish-prosecutor/news-story/53b1ffa788d8b9483852374c09a7b225 http://www.news.com.au/world/europe/julian-assange-rape-case...

> In Sweden is called "rape" but in the US would be called "consensual sex" If you have sex with someone and tell them you will use a condom and don't, that isn't consensual.

grandalf 10y ago

True, however it is not typically labeled "rape" when the sexual contact aspect is consensual. It seems to constitute some sort of wrongdoing, but potentially also a misunderstanding. In any case, headlines and comments omitting this information and highlighting rape accusations are certainly intended to create a specific impression.

alex_hitchins 10y ago
> It seems to constitute some sort of wrongdoing Saying you are wearing a condom when you aren't is wrongdoing.
- grandalf 10y ago
  > Saying you are wearing a condom when you aren't is wrongdoing. Of course it is. Assange disputed the accusation and claimed that there was mutual understanding of the status of the condom. In any case, barring an unwanted VD or pregnancy, it seems peculiar to decide to pursue legal action about this a month after the fact. While it's possible that Assange acted boorishly and inappropriately, I think rape is not the right word to describe it. Would a woman who lied about having been on birth control reasonably be said to have raped a male partner?
  - alex_hitchins 10y ago
    > Would a woman who lied about having been on birth control reasonably be said to have raped a male partner? No. But birth control isn't the only aspect to the issue. As you stated, sexually transmitted diseases are an issue. More of an issue arguably. Also, two women have reported the same behaviour (to my knowledge). Although not enough to be considered a pattern, it's disconcerting.
    - grandalf 10y ago
      > Also, two women have reported the same behaviour Yes, it is my understanding that at least one of the women and the new prosecutor involved have expressed that the case should be dismissed.
soundwave106 10y ago
One of the charges as I understand it is Mr. Assange had sex with one of the accusers while she was asleep. That definitely seems to qualify as rape in Sweden penal code (https://lagen.nu/1962:700#K6P1S1 https://lagen.nu/1962:700#K6P1S1 -- note I'm relying on Google Translate so corrections welcome). Sweden is not the only country that considers sex with someone sleeping or otherwise unconscious as rape; a quick look at UK law for instance seems to bring this up in section 75 (http://www.legislation.gov.uk/ukpga/2003/42 http://www.legislation.gov.uk/ukpga/2003/42). Even in Mr. Assange's native Australia, failure to withdraw from sexual intercourse after consent is withdrawn appears in itself to be considered "rape" in all districts but Queensland. (https://www.alrc.gov.au/publications/25.%20Sexual%20Offences/%E2%80%98rape%E2%80%99-penetrative-sexual-offence#_ftn20 https://www.alrc.gov.au/publications/25.%20Sexual%20Offences...) There are varying degrees of rape in Sweden, as I understand it Mr. Assange is being accused of the most minor degree of rape due to the circumstances. Still, it seems like what he is accused of is typically labeled "rape" in many places.
- grandalf 10y ago
  Do you know the current status of the cases? I believe one or both was dropped at the behest of the accuser(s) or prosecutor.
  - soundwave106 10y ago
    From what I see of the current status, the investigation regarding a rape charge is still pending; the other charges hit their statute of limitations last year. Since this is a recent article, I assume someone is still someone is still interested in pursuing the case currently. http://www.news.com.au/world/europe/julian-assange-rape-case-hinges-on-interrogation-swedish-prosecutor/news-story/53b1ffa788d8b9483852374c09a7b225 http://www.news.com.au/world/europe/julian-assange-rape-case...