NEWS COLUMN • Sweden should have strong protection for those subjected to sexual abuse. That is precisely why the rule of law must also be strong enough to handle the risk of false accusations. When a person’s freedom can be taken from him for months, or in the worst case years, we must ask ourselves whether the system always strikes the right balance between the victim’s perspective and legal certainty.
There are few accusations more devastating than being accused of rape — even worse, rape against a child, as in the case that Samnytt recently reported on.
In that case, the accused man was detained for nearly two months and had thoughts of hanging himself in custody — that’s how bad it was. Even though he always knew he was entirely innocent and couldn’t understand why the girl said what she did.
He has also spoken about the looks and prejudices he still faces from people around him, despite being acquitted of all charges when the indictment was dropped. It continues to affect him to this day.
READ MORE: Girl claimed a relative raped her but withdrew everything – now she is prosecuted
“How strong does the evidence need to be?”
That’s why it must also be reasonable to ask: how strong does the evidence need to be for the state to lock someone up and put them on trial? Is it reasonable that, as in the above case, the girl’s or woman’s story and her perceived credibility are enough?
There was no technical evidence, and the prosecution was based one hundred percent on the girl’s own statements and what she told witnesses around her.
It was only after the trial against the innocent man had taken place that she chose to admit that what she had previously said about rape and sexual abuse was made up. It was all a lie.
READ MORE: Here are the women who lie about rapes — “They want money”
“What would have happened if the girl never confessed?”
Prosecutors should not bring charges unless they believe the evidence is sufficient for a conviction. But what the verdict in this case would have been if the girl had never admitted her lies, we will never know. The mere thought of the risk of a conviction — based entirely on falsehood — is frightening.
A criminal conviction requires guilt to be proven beyond a reasonable doubt, and it is the prosecutor who bears the burden of proof. But technical evidence is not required.
A story is itself evidence. So are witness statements. Circumstances before and after a certain event can also be considered evidence in a court case. And in many sexual offense cases, technical evidence is completely absent.
READ MORE: Wanted to teach the man a lesson and accused him of rape – now the woman is convicted
“Of course, that doesn’t mean these men are innocent”
In a previous case reported by Samnytt, a young man was sentenced to four and a half years in prison for rape. In this case there was no technical evidence, nor any witness testimony. The verdict was based on the victim’s account of the incident.
In another highlighted case, a Tinder date ended with 54 months in prison and about 750,000 kronor in damages, despite the woman herself mixing up dates and providing circumstances that made her story problematic. Here, too, there was no technical evidence.
That does not, of course, automatically mean these two men are innocent. But it highlights something important: that we must be able to discuss what type of evidence should be required for the state to take away several years of a person’s life.
INTERVIEW: Tinder date ended in 54 months in prison and almost a million in damages – without evidence
“Naturally, a disaster”
For a woman who is raped or sexually abused, it is, of course, a disaster if her report is not taken seriously. But there is also another risk that is rarely discussed.
What happens to trust in real victims of sexual violence when the public repeatedly sees examples of accusations that turn out to be false?
Those who have truly been subjected to crime need a justice system that people can trust.
READ MORE: Unfaithful woman falsely reported hookup for rape – sentenced to prison
“Oops, now a mistake was made”
In the latest case, where the girl accused her relative of rape and sexual abuse, she is now herself charged with aggravated false accusation.
A man was held in custody for almost two months, charges were filed, and a trial was held. Only afterward did the truth emerge: it was all made up. It is precisely because of cases like this that we must dare to discuss legal certainty in Sweden.
Not to make it harder for crime victims to get justice – but to make sure that the state does not destroy the life of an innocent person based on a story that turns out to be untrue.
I would rather see a judicial system that is brutally thorough than a system that afterward concludes: “Oops, now a mistake was made.”
READ MORE: Judicial scandal in silence: Young men convicted of rape without evidence