Justice for Sweden (Mårten Schultz)

Mårten Schultz is Professor of Law, Stockholm University.
Jun. 25, 2012

... Whatever one’s sentiments about Assange and the claims that he has made in trying to secure asylum in Ecuador, let us be very clear: Sweden is a Rechtstaat – a state governed by the rule of law – in every sense. The Swedish court system is characterized by foreseeability, fairness, humanism, and high professional quality. These are facts ...

When I travel abroad and meet lawyers interested in the Assange case (and they are many), I get asked the most incredible questions about Sweden’s legal system. Is it true that men are convicted of rape in Sweden on the sole basis of a woman’s allegations? Is it rape in Sweden when a condom breaks? Is it correct that Swedish judges contact the United States Justice Department before passing judgment in politically sensitive cases? ...

What we do know is that Assange will receive fair treatment by Swedish legal institutions. And, yes, their respect for the rule of law extends to accusations of sexual offenses. As recently as a few years ago, the Swedish Supreme Court explicitly ruled that the same high standard of proof applied to other criminal allegations are to be applied in cases of suspected rape.

Similar criticisms of the Swedish legal system are based largely on myths and misconceptions. The framework of Sweden’s criminal law with respect to sexual offenses is no different from most other countries’. I will not be sentenced for rape if my condom breaks during a sexual act. But, like in many other countries, I can be convicted of rape if I have sex with a sleeping or unconscious person ...

http://www.project-syndicate.org/commentary/justice-for-sweden