SHARE
COPY LINK

RAPE

Threats rain down on Bjästa school

Staff at Bjästa School in northern Sweden have received some 400 threats via email following television revelations about a 14-year-old girl who was bullied and left isolated after being raped at the school.

Threats rain down on Bjästa school

Many of the threats of violence have been directed at the school principal and the head of education for the Örnsköldsvik municipal area, 500 kilometres north of Stockholm.

In addition, seven of the 220 incendiary emails sent to Örnsköldsvik council have been reported to the police after members of staff received death threats.

“It has been difficult. I’ve received emails and letters to the effect that I should be killed and raped. It has been extremely difficult for me and my family,” said Birgit Olsson Johansson (SocDem), chairperson for Örnsköldsvik council’s educational committee.

A heated debated continues to rage on the internet following public broadcaster SVT’s airing in late March of Uppdrag Granskning’s investigative report into a village that turned its back on a 14-year-old girl raped by a 15-year-old boy.

A man who headed a youth centre in the village was transferred from his post earlier this week after commenting on the boy and his family on an online forum. The council employee, who cited his name and profession when commenting, has now been barred from working with children.

“The employee has a major responsibility for children and youths; it is not acceptable for this person to enter the debate by virtue of their occupation,” said Siv Sandberg, head of Örnsköldsvik’s culture and recreation division.

The 14-year-old schoolgirl at the centre of the case, named as ‘Linnea’, was raped by ‘Oskar’ in the school toilets.

The girl reported the attack to Örnsköldsvik police in March 2009. The boy initially denied to police that he had been in the toilet with Linnea and that he had raped her.

After news of the rape and the police report emerged, a campaign began which divided the community – with many of the girl’s and boy’s friends, school teachers, and parents questioning the validity of Linnea’s story.

In interviews with SVT, community members related their theory that Linnea had reported the rape as a form of revenge on Oskar, who she was alleged to have had an unrequited crush on.

The momentum of the campaign of rumours built up with a poster campaign in school and a Facebook group launched supporting Oskar as the community increasingly turned its back on the 14-year-old girl.

“She wanted it. I don’t think he seemed like the type of person that would have to (rape someone). He is good-looking, he is nice,” said one 51-year-old local resident.

The prosecutor was one of the few that doubted the growing body of public opinion which had come down against the girl, who became increasingly isolated in the town.

“Her testimony was also supported by other evidence. There was a medical forensic report and also witnesses,” prosecutor Stina Sjöqvist told SVT who explained that a teacher had confirmed that he had found Linnea in a shaken state shortly after the attack.

After his initial denials the boy eventually admitted the offence in police interviews, which were played during the SVT programme.

“I want to confess. I sat on her arms to prevent her from fleeing,” Oskar told police.

In his third interview he related the full, and almost identical, version of events that Linnea had previously submitted. He confirmed that Linnea had told him repeatedly to stop and confirmed that he understood that his actions were carried out against her expressed will.

But two weeks later Oskar changed his version and claimed that Linnea had consented. Despite the change in his position Oskar was convicted for the rape of a child in both the district and appeals court.

Despite the clear convictions passed down by the courts, the campaign against Linnea continued with pupils at the school even going out on strike in support of the popular boy.

SVT reported that Oskar’s brother began to maintain a blog on the case and almost 2,000 signed a petition to have the conviction overturned. Bjästa is home to 1,800 people.

Oskar’s mother launched a further Facebook group to argue for Linnea’s ‘guilt’, soon attracting 4,000 members, many of whom arguing that the 14-year-old should be ashamed of herself.

But despite the fact that Linnea’s story remained consistent throughout, was identical to Oskar’s confession, and despite the upheld conviction, the rumours persisted at the school and in the community.

The situation ultimately became unsustainable for Linnea and her family, and she was forced to move 500 kilometres to a new school, a long way from the Örnsköldsvik community that she had grown up in.

Furthermore when the end of the school term arrived, three months later, Oskar was allowed to attend an awards ceremony in the local church service with the consent of the pastor, despite no longer attending Bjälsta school, and despite having a restraining order against him to stay away from Linnea.

The service ended in a vocal public demonstration in support of the 15-year-old. Film footage from the service posted by Oskar’s mother on the internet, broadcast in the SVT programme, showed him passing out flowers to his former schoolmates and receiving applause and hugs in return.

The film was used as part of the campaign orchestrated by the boy’s family to “free Oskar”, SVT reported.

Linnea was herself not in attendance at the service as her family had suspected that something of this nature would occur, and that it would be too much for the young girl to handle.

Later that day, Oskar joined up with the his schoolmates to celebrate the end of term at a nearby beach. During the evening the boy raped a further 17-year-old girl, ‘Jennifer’.

Oskar was later convicted of the new rape. Jennifer’s testimony backed up by witness statements was sufficient for the district court to pass down a guilty verdict despite his protestations of innocence.

DNA evidence was later produced in the appeals court which lent further support to the victim’s version of events.

But support for Oskar remained strong in the Bjästa community despite the second rape conviction.

The campaign continued with Jennifer now taking Linnea’s place at the centre of the community’s ire and suspicions. Comments on the Facebook page, blog and other internet sites, which had collected 4,000 members, became more and more accusatory against the girls.

Many of the comments and threats directed at the girls were made openly by people unconcerned with hiding their identities, according to SVT.

RAPE

‘Negligent rape’: Has Sweden’s sexual consent law led to change?

One year ago, Sweden introduced a law change that meant sex without explicit consent was considered as rape, including when the victim did not actively say 'no'. The Local spoke to experts to find out the impact this has had on court cases and within Swedish society.

'Negligent rape': Has Sweden's sexual consent law led to change?
Experts told The Local Sweden's sexual consent law has had an impact on court cases and in the way people discuss sex and consent in the media and in general.File photo of a Swedish courtroom: Jessica

The law change meant that participants needed to clearly demonstrate that they wanted to engage in sexual activity in order for it to be considered consensual.

Two new offences of “negligent rape” and “negligent sexual abuse” were created for acts where courts found that consent had not been established, but in which the perpetrator had not intended to commit rape or assault. Previously, a decisive factor for a rape conviction was proof that a perpetrator used force, threats, or taken advantage of someone in a vulnerable situation.

The law faced backlash at the time, and had to be clarified after Sweden's Council on Legislation said it was too unclear. Others criticized it as signalpolitik, meaning a policy implemented only for appearances and unlikely to make a real difference. 

Twelve months on, rights organizations say the law has had a measurable impact on court cases and helped change the national discussion on sexual autonomy – but warned there was still work to be done.

'Sweden needs to do more to convict rapists': Amnesty report
File photo of a police officer: Hanna Franzén/TT

'Negligent rape' sentences

“Earlier this year, we looked at 30 court judgments, and these included cases which definitely would not have been considered to be rape before the change in the law; where no violence or other means of force was used,” Katarina Bergehed, an Amnesty International expert in women's rights, told The Local.

Over the past year, the new law has been decisive in at least seven rape cases which went to court, according to an investigation by Swedish radio programme I lagens namn (In the name of the law).

The programme said that of 60 rape cases, the new law was crucial in seven, including six convictions of negligent rape.

A study from the Siren news agency reached the same conclusion, finding that in 84 cases where prosecutors mentioned “negligent rape”, 45 resulted in a rape conviction while six were sentenced for negligent rape. 

READ ALSO:

'Sleeping in the same bed and wearing only underwear does not mean consent'

One of these sentences was confirmed by Sweden's Supreme Court on Sunday, marking the first time the country's highest criminal court made a judgment relating to negligent rape.

The 27-year-old male plaintiff was found guilty of the negligent rape of a woman while staying overnight at her home.

The woman said had agreed he could stay overnight, but made it clear she did not want to have sex. Despite that, the man initiated sexual intercourse. 

Both the perpetrator and the plaintiff said that she was passive throughout the intercourse, and that they did not speak. The plaintiff said she “froze and did not know how to act”, while the perpetrator said he was not sure whether she was awake when he first initiated sexual contact, “but [he] had the impression that she wanted to have sex” and continued because she did not tell him not to. He also said that he stopped the intercourse when he thought she didn't want to continue.

In a statement accompanying its decision, the Supreme Court wrote: “A person who is subjected to sexual acts against their will does not have any responsibility to say no or express their reluctance in any other way. Furthermore, the court notes that the fact that the plaintiff and the perpetrator agreed to sleep in the same bed and that they were dressed in only underwear does not mean that the plaintiff voluntarily participated in the sexual acts.”

The man now faces two years and three months in jail, although this includes sentences for other crimes he was found guilty of. The penalty for the count of negligent rape was eight months’ jail, according to the Supreme Court.

Without the 2018 law, it is likely that the man would have been acquitted, since intent was previously required for a conviction of rape or sexual assault, and the Supreme Court found no evidence of intent.

Sweden's Supreme Court in Stockholm. Photo: Magnus Andersson / TT

'Greater awareness about consent'

The fact that Sweden's law now sets a clear boundary between consensual sex and rape or assault has also helped open up to discussions about sex and consent, the Swedish Association for Sexuality Education (RFSU) told The Local.

“There is increased awareness and a greater openness towards talking about [sexual consent] today,” said RFSU's Maria Bergström, when asked what changes she had observed since the consent law was passed.

“For example, we can see that this has made it easier for people who have previously experienced this to put words on what happened to them, and to then perhaps go further with reporting it or seeking support. The law has finally made it clear that one always has a responsibility to ensure that there is consent.”

“There is a much greater awareness and more conversations today on these questions among young men but also in the adult population — we also see that the question is raised by the media in a different way than before,” she said.

Bergström also mentioned the impact of the #MeToo movement in putting the question of consent and boundaries on the political agenda, as women from a wide range of industries came forward with their experiences of assault and harassment, all calling for tangible change.

READ ALSO:

Sweden in Focus: One year on, what did #MeToo achieve in Sweden?
A march for women's rights organized by #MeToo campaigners in Gothenburg. Photo: Thomas Johansson/TT

'Near impunity for rape'

While the 2018 law is one example of that change, Sweden is a long way from ensuring that all rapists face justice. 

According to the National Council on Crime Prevention (Brå), around 112,000 people were subjected to rape or sexual assault in Sweden in 2018, while only 5,593 such crimes were reported to police. And of those rapes reported to police, only around seven percent went to trial.

“We have near impunity when it comes to rape in this corner of the world that's normally regarded as one of the most gender equal countries, and we simply can’t have that,” said Amnesty International's Katarina Bergehed.

An Amnesty report earlier this year found that questioning was often delayed, and that DNA analyses could take as long as nine months to deliver.

“It’s crucial to deal with rape cases promptly. You need to secure evidence very rapidly otherwise it can disappear, and some evidence risks being deleted on mobile phones. Police are understaffed and resources are often drawn towards other crimes such as gang violence and killings,” said Bergehed. But she added: “The signals we’re getting is that the police are both willing and finally able to resource themselves to deal with rape in an efficient way.”

The Swedish police force announced last month that by next year, 350 investigators would be recruited to deal specifically with cases of rape, sexual violence against children and domestic violence.

Bergehed also pointed to the importance of changing attitudes towards sex and consent across all levels of society.

“Changing a law alone is not sufficient; you need police training, awareness in schools; the whole society needs to change,” she said. “There should of course be justice for rape victims once it happens, but the longer goal is to eradicate rape and sexual violence.”
 

SHOW COMMENTS