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>Having sex without birth control with someone who didn't consent to that specific activity is legally rape in both the UK and Sweden. I don't think it is that
by cc81 7y ago
>Having sex without birth control with someone who didn't consent to that specific activity is legally rape in both the UK and Sweden.
I don't think it is that clear in Sweden at least. Especially not if you just say birth control, i.e. what if I woman says she is on the pill and we have sex and it turns out she lied? I don't think she would get a rape charge.
I think it is also likely that someone in Sweden would get charged with a lesser crime than rape if it turns out they just removed the condom during sex. Having sex with someone that is sleeping and has not consented would be rape though.
EDIT: After having verified some more it he was not accused of rape for the condom thing. The rape charge is having sex with a sleeping person without a condom as it can be reasonably argued that she would not have consented to sex.
- btilly 7y agoI have no evidence that you're wrong. I know that the UK court which agreed to extradite him concluded that, under UK law, removing the condom was rape. But I'm not as familiar with the actual Swedish charges.
- cc81 7y agoAre you sure that they extradited him for the removing condom thing? Because that was one of the lesser charges in Sweden but he was also charged with rape due to the sex with the sleeping woman without a condom. I assume he was extradited because of that charge.
- btilly 7y agoI am sure that they concluded that because I read that part of their conclusion at one point. I don't know what else they may have concluded. But standard legal practice is to come to a conclusion about each charge regardless of what others you decided in case some of your conclusions are overruled on appeal. For example if you conclude that either the condom or the sleep charge is sufficient, then the extradition can go forward even if the sleep charge got dropped.