Bill McGurn · Feb 8, 2011 at 7:30am

I'm one of those who believes that Julian Assange's wikileaks is an act of war, and that we used to know how to deal with these things. That said, I just read the Drudge linked-article about the sex charges.

I'm not an expert on Swedish law, but the charges against him here essentially boil down to condom use: that is, he was sleeping with women who consented, and in one case is accused of deliberately breaking his condom and in the other of engaging in morning sex with her before she woke up; when she did, she asked him if he was wearing a condom and he said no, and she didn't seem to stop him. Now, Swedish law is doubtless a finer thing than my mind can grasp; I have no problem believing the man is a egomaniacal pig. Still, what he is accused of doing is not what I think of when I hear the word "rape" or even "sexual assault." But what do I know.

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Keith Preston
Joined
May '10
Keith Preston

or, as Whoopi said about Polanski, it wasn't "rape-rape?"


Joined
Feb '11
Leith

" in the other of engaging in morning sex with her before she woke up;"

Is this a case which among other things will determine when and where  consensual sex  ends  as it relates to each partners' state and their capacity to decide under Swedish Law?

Keith Preston
Joined
May '10
Keith Preston

Leith: " in the other of engaging in morning sex with her before she woke up;"

Is this a case which among other things will determine when and where  consensual sex  ends  as it relates to each partners' state and their capacity to decide under Swedish Law? · Feb 8 at 8:46am

Wow...good thing Arlen "Scottish Law" Spector is no long in government...it might be!

Stuart Creque
Joined
Dec '10
Stuart Creque

Bill, it's pretty straightforward. Assange negotiated the terms with each of these women under which she would consent to sex. In each case, he had sex with her while violating the agreed terms. Thus, those sex acts were non-consensual; thus they constituted (non-forcible) sexual assault. There's a case in Israel in which an ethnic Arab posed as an Israeli Air Force pilot to seduce women. He's been charged with rape by deception.

Bjarni Olafsson
Joined
Jan '11
Bjarni Olafsson

Leith: " in the other of engaging in morning sex with her before she woke up;"

Is this a case which among other things will determine when and where  consensual sex  ends  as it relates to each partners' state and their capacity to decide under Swedish Law? · Feb 8 at 8:46am

As I understand it this is exactly the question the judge (I'm not sure if they have jury trials in Sweden) has to answer. If the man starts "engaging in morning sex" on a sleeping woman, who - upon awakening - gives consent, can the act legally be cut in half? Rape until she woke up and consensual sex afterwards?

Bill McGurn

 I am sure Swedish law has an answer for every conceiveable eventuality. In fairness to Sweden, they are probably only copying from Yale.

Kennedy Smith
Joined
May '10
Kennedy Smith

 He's guilty of being a cad and a bounder, that's for sure.  Plus, I mean, look at him.  Just look at the man.  Go on, look.  That's it.  Take a big, steamy gawp.

To Hell with the charge.  GUILTY!


Joined
Nov '10
Charles Lavergne
Stuart Creque: Bill, it's pretty straightforward. Assange negotiated the terms with each of these women under which she would consent to sex. In each case, he had sex with her while violating the agreed terms. Thus, those sex acts were non-consensual; thus they constituted (non-forcible) sexual assault. There's a case in Israel in which an ethnic Arab posed as an Israeli Air Force pilot to seduce women. He's been charged with rape by deception. · Feb 8 at 10:14am

This is probably the best defense of Sweden's bizarre prosecution I've seen yet. 


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