Swedish Authorities Offer To Question Assange In London

An anonymous reader writes: Since 2012, WikiLeaks founder Julian Assange has been holed up inside Ecuador's embassy in London trying to avoid extradition to Sweden, where he faces a sexual assault investigation. Now, after the case has been stalled for years, Swedish prosecutors are arranging to come to London and question Assange within the embassy. According to his lawyer, Assange welcomes this, but Sweden still needs to be granted permission from both the UK and Ecuador. "Assange's lawyers, who are appealing against his arrest warrant in Sweden's highest court, have complained bitterly about the prosecutor's refusal to travel to London to speak to him – an essential step under Swedish jurisprudence to establish whether Assange can be formally charged. [Lead investigator Marianne] Ny's refusal, they say, has condemned Assange to severe limitations on his freedom that are disproportionate to the accusations against him." Ny has also requested a DNA sample from Assange.

Comments

Re:culture trap

[Anonymous Coward]

But only in Sweden is regret considered retroactive rape.

No. At most universities in the US, regret can also be considered retroactive rape. See the Emma Sulkowicz case at Columbia University.

http://www.thedailybeast.com/articles/2015/02/03/columbia-student-i-didn-t-rape-her.html

Re:culture trap

[Rei]

F*ing a sleeping girl is to work around her refusal to consent to one's preferred form of sex - entry #4 on Assange's EAW - is rape in almost every jurisdiction in the first world. And the UK court system has - at multiple levels - upheld that all four entries on the EAW match up to equivalent British charges. And a full court hearing in the Svea Court of Appeals, including testimony from Assange's attorneys, has gone over the evidence and found probable cause on all four counts. Heck, one of Assange's attorneys (Emerson) all but admitted that he did it.

Sweden actually has rather unusually lax penalties in this regard compared to most places. If Assange was convicted of doing that in DC then he'd be facing a 10x longer maximum sentence than in Sweden. In fact, Sweden's rape laws in general are pretty lax. There was a rape case a while back where a teenage girl was gang-raped by a group of three men; however, only the first could be charged because, having been beaten into submission by him, she had stopped resisting by the time that the other two got to her.

Anyway, for the case at hand here, it's amazing that the Slashdot header didn't mention the actual stated reason why the prosecutor is doing this: because the statute of limitations on some of the lesser charges** runs out this year (the statute on the rape charge** doesn't run out until 2020). Thus he has to be indicted**, of which this questioning is a legal requirement (he's only been questioned on some of the charges before he fled***, all other communication has been through Q and A via his attorneys). This will pose some challenges, as in general in Sweden, once indicted**, there's a time limit on when the case must go to trial, but if he still refuses to hand himself over, he could run this out. But the prosecutor's office may be able to extend that, we'll have to see.

** I use here "charged" in the case of "anklagad" and "indict" in the case of "åtala". They don't exactly match up to English words, and a lot of Assange fans like to play this word game where they say he's not been "charged" and use that as an excuse for why he should be able to go free. But in Sweden, the process is that one gets formally anklagad by the processor and a judge issues a warrant (following the same sort of process as a charged person in the US or UK), and then once in custody and sufficient evidence has been gathered for prosecution, they're åtalad, which brings the case to trial. You're anklagad to get you in custody, åtalad to try to convict you.

*** Yes, he did flee. The claim that Assange was "free to go" as promulgated by Björn Hurtig, a former attorney of Assange's. He tried that same line in court and got smacked down by the judge for trying to deceive the court, and then got an official reprimand from the Swedish Bar Association.