A 38-year-old Iraqi man, who worked in home care in Stockholm, has been sentenced to four years in prison for raping a 100-year-old care recipient. However, the rapist will not be deported, a decision made by Mohamed Ali, the recently appointed judge by the government.
– It’s likely we will appeal, says prosecutor Linn Nyberg to Samnytt.
On October 1 this year, a 100-year-old woman was subjected to rape by a man from home care. Under the pretense that he needed to “apply ointment” to her, he inserted some kind of object into the woman’s genitals.
– So I said: “Now you have to stop, or else…” I couldn’t hit him, he’s too strong for that. He’s small, but stocky, the woman said in a police interrogation.
The raped woman told her daughter about the assault, who in turn alerted the police.
Home Care Staff Unwilling to Cooperate
When the police began investigating the rape and interviewed the home care staff, they were met with resistance. One of the staff members stated during questioning that she believed she knew who her colleague that raped the 100-year-old woman was. But she refused to help the police.
– I will not say! the home care worker exclaimed during the police interview.
Despite the interviewer urging her that a name would be “very helpful,” the woman, who also has a foreign background, refused to identify anyone. The interview ended without any help for the police.
According to the raped woman’s daughter, the same woman also tried to stop her from talking to the police.
Previously Known to Police
Despite the unwillingness of the home care staff to cooperate, investigators managed to identify the suspected perpetrator. His name is Shakir Mahmoud Shakir, he is 38 years old, and originally from Iraq.
Mahmoud Shakir came to Sweden in 2003 as a family reunification immigrant with his mother. He has permanent residency in Sweden, but is not a Swedish citizen and has never independently claimed a need for international protection, according to the Migration Agency. This means there are no obstacles to deporting him.
Additionally, the Iraqi home care worker is previously known to the police. He has prior convictions for, among other things, document forgery, impersonating a public official, minor drug offenses, and drunk driving.
About a week after police received the 100-year-old woman’s report against the 38-year-old Iraqi, another report was filed against him by another woman. This woman, 94 years old, also identified Mahmoud Shakir as the home care worker who raped her.
Shakir Mahmoud Shakir was detained in absentia, apprehended, and held on suspicion of rape and aggravated rape. He denies all charges.
Convicted, But Allowed to Stay
On Wednesday, the Södertörn District Court sentenced Shakir Mahmoud Shakir to four years in prison for the rape of the 100-year-old woman. The court determined that the woman’s “statements hold strong evidentiary value and are supported by the investigation brought forward by the prosecutor. The prosecutor’s evidence shows that Shakir Mahmoud Shakir inserted his fingers or objects into her genitals.”
However, the 38-year-old was acquitted of aggravated rape against the 94-year-old woman. The court does not doubt that the elderly woman was assaulted by a home care worker. However, there are uncertainties about the exact day the crime occurred and uncertainty regarding whether the right perpetrator was identified. Therefore, he was acquitted on that charge.
Furthermore, the Södertörn District Court rejected the prosecutor’s request for deportation. The reason is that Mahmoud Shakir has lived in Sweden since he was 16, speaks fluent Swedish, and has a six-year-old daughter he occasionally meets.
“While the conditions for deportation on criminal grounds have in principle been expanded, a deportation in this particular case would be disproportionate considering the circumstances,” according to the court.
The judgment was delivered by Judge Mohamed Ali, who was appointed as a judge by the Tidö government as recently as June this year, along with lay judges Inger Grönberg (Green Party), Pran Malhotra (Social Democrats), and Eva Svalling.
Potential Appeal
Prosecutor Linn Nyberg told Samnytt that she will now decide whether to appeal the verdict to the Svea Court of Appeal.
– I have been busy with other matters and have not yet had the chance to review the verdict. I need to do that before deciding about a possible appeal, she says.
The prosecutor notes that Shakir Mahmoud Shakir was acquitted of aggravated rape, a charge she brought against him.
– Since I prosecuted, I definitely believe the evidence was sufficient. So, it’s likely we will appeal, but first I want to know how the district court reasoned before I make a decision. So far I have only read the judgment itself, she explains.
She has a similar view regarding the denied deportation.
– And there I need to read why they did not grant that request, says prosecutor Linn Nyberg.
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