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by grandalf 3570 days 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.
2 comments
soundwave106 3570 days 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 -- 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). 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 Assange's native Australia, failure to withdraw from sexual intercourse after consent is withdrawn appears in itself to be considered "rape" in all districts but Queensland.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...)

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.

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grandalf 3570 days 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.
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soundwave106 3570 days 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...

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alex_hitchins 3570 days ago
> It seems to constitute some sort of wrongdoing

Saying you are wearing a condom when you aren't is wrongdoing.

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grandalf 3570 days 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?

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alex_hitchins 3570 days 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.

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grandalf 3570 days 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.

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