Judge Wanted to Convict Man of Rape – Lay Judges Acquit

A judge at Malmö District Court wanted to convict a 20-year-old man of rape after a woman described a forced anal intercourse and strangulation in the man’s apartment in Malmö. But the three politically appointed lay judges overruled the judge and acquitted the man entirely of the rape charge, in what is known as a lay judge verdict.

The incident took place during the night of January 14, 2026, when the woman took a taxi to the man’s home after connecting via the dating site Badoo. According to the indictment, they first had consensual vaginal sex before the man suddenly performed anal sex against the woman’s will while choking her.

The woman stated during questioning that she said “ouch” and “that’s wrong,” but the man continued nonetheless and responded “shut up” before grabbing her neck so that she became light-headed.

An examination at the hospital confirmed a tear in the rectum. According to the forensic report, the injury was consistent with penetration and unusually located compared to the types of tears that can occur naturally.

Blood in the underwear

The man denied rape and claimed that anal intercourse had never occurred. He said that his penis only “touched” the woman’s anus by mistake before they continued with vaginal penetration.

The police investigation notes that the victim had blood stains in her underwear afterward.

The photo of the blood-stained underwear was taken after NN had gone number 2 a few days after the event. The incident has led to sleep problems and a referral to psychiatry. She has also isolated herself from her friends. (Excerpt from the verdict)

Despite the medical evidence and the woman’s account, the majority in the district court decided to acquit the man of the rape charge. However, presiding judge Lennart Stinäs dissented and wanted to convict the man of rape.

Stock photo, police / Lay judges’ assessment. Photo: Facsimile

In his dissenting opinion, the judge described the woman’s account as credible and detailed, further pointing to supporting evidence from witnesses, the woman’s condition, and the documented injury to her anus.

Police also found chats on the man’s mobile phone in which he asked women if they “liked being choked” and where anal sex was discussed. According to the dissenting judge, this further reinforced the view that the man had an interest in that type of sex.

Nevertheless, the evidence was not enough for a majority in the court. Since the judge was alone in his assessment, the man was acquitted of the rape charge by lay judges Lars Nilsson, Gun-Britt Penderos, and Lars Uttersten. However, he was convicted of minor drug offenses after having admitted to using cocaine and pregabalin. The penalty was 30 daily fines.

The prosecutor’s assessment

Samnytt interviewed prosecutor Nan Kinnander, who elaborated on the verdict for the newspaper and commented on what might happen next.

– The lay judges did not believe that the evidence was sufficient for a conviction, but the judge dissented. How did you react when you received the verdict?

– With some surprise. But above all, I was surprised by the brief reasoning for the acquittal. By contrast, the dissenting judge’s opinion was much more detailed, which matched our indictment from the start.

Press image / Prosecutor Nan Kinnander. Photo: Swedish Courts / Facsimile

– What do you consider was the strongest piece of evidence in this case?

– As is often the case in matters like this, where there are no witnesses to the event itself, the victim’s account is important as a base, and then there is supportive evidence. In this case, there was supportive evidence for her story, and I thought it was enough for a conviction.

– Did you have any doubts as to whether the evidence would suffice for a conviction?

– No.

– Will you appeal, and if so, do you think the chances for a conviction in the Court of Appeal are good?

– I will appeal. Whether or not there will be a conviction is for the Court of Appeal to decide.