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Dane seeks $7 million in compensation from NY

The Danish man who last year was found not guilty by a New York court of sexual abuse charges at a Manhattan day care institution now files a lawsuit against the State of New York, seeking $7 million in compensation.

Dane seeks $7 million in compensation from NY
Malthe Thomsen is hugged by his mother Brigitte as he exits the Manhattan Criminal Courthouse in New York on November 13th 2014. Photo: Brenda McDermid/Scanpix

Last year, a New York prosecutor dropped all charges against Danish citizen Malthe Thomsen (23), who had been accused of sexually abusing children at an upscale day care institution in Manhattan. Now he has sued the State of New York over the process, claiming $7 million in compensation, according to broadcaster DR.

After a five-month investigation brought on by a single co-worker's claims, all sexual abuse charges against Thomsen were dropped in November 2014.

This was after a hearing had revealed that all 12 of the 13 involved children denied being sexually assaulted by Thomsen. The remaining child was said to have given “indications” of sexual abuse, but no further details were presented.

The police lacked evidence in this case but this did not keep them from pressuring Thomsen into pleading guilty (although he himself pleaded not guilty, before as well as after). The interrogation process, however, was not filmed. The recording button was hit only after Thomsen had pleaded guilty.

“First and foremost, we want to establish that they acted wrongfully,” Thomsen told Danish national TV, Danmarks Radio (DR).

The many hours when Thomsen was presented with “the police’s non-existing evidence and manipulating interrogation methods” were not video-recorded, according to DR.

Thomsen is therefore suing the police and the attorneys in New York for the process. He demands that the police in New York in the future film the entire interrogation processes – from the beginning until the end – and not only start filming once someone has pleaded guilty.

“This claim is something that could be benefitting a lot of people in the future,” Thomsen told DR.

Not about the money

Thomsen now seeks compensation for the legal costs related to the case, which for his parents ran up to some $200,000, according to The Times.

However, he also seeks compensation for the psychological pressure he had to endure. In addition to the interrogation, he was jailed at Rikers Island, one of the US’s most notorious prisons, until being released on bail on July 8th. Thomsen told DR that he is still seeing a psychologist, five months after all charges against him were dropped.

Court room: stomach ache

Thomsen is not too excited about entering a US court room again, but says he wants to do it to end the case, once and for all.

“I have a bit of a stomach ache just by the thought of entering a court room again, but I think it will be fine. I have my friends and family to help me through it,” he said.

“Now that we have started the compensation case, it has to be rounded off before one can call it a full stop and leave it all behind,” Thomsen told DR.

Backdrop: a Danish movie parallell

Separately, the Danish movie “The Hunt” was released in 2012 with a plot resembling Thomsen’s story from New York. In the film, a male pedagogue (played by Mads Mikkelsen) is also being wrongfully “hunted” for sexual abuse charges in a nursery. The movie won a number of Danish as well as European prizes, and the plot was thus vividly in the Danes’ memory as Thomsen’s case developed last year.


 

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SEX

France taken to European Court over divorce ruling that woman had ‘marital duty’ to have sex with husband

A case has been brought against France at the European Court of Human Rights by a woman who lost a divorce case after judges ruled against her because she refused to have sex with her husband.

France taken to European Court over divorce ruling that woman had 'marital duty' to have sex with husband
Photo: Frederick Florin/AFP

The woman, who has not been named, has brought the case with the backing of two French feminist groups, arguing that the French court ruling contravened human rights legislation by “interference in private life” and “violation of physical integrity”.

It comes after a ruling in the Appeals Court in Versailles which pronounced a fault divorce in 2019 because of her refusal to have sex with her husband.

READ ALSO The divorce laws in France that foreigners need to be aware of

The court ruled that the facts of the case “established by the admission of the wife, constitute a serious and renewed violation of the duties and obligations of marriage making intolerable the maintenance of a shared life”.

Feminist groups Fondation des femmes (Women’s Foundation) and Collectif féministe contre le viol (Feminist Collective against Rape) have backed her appeal, deploring the fact that French justice “continues to impose the marital duty” and “thus denying the right of women to consent or not to sexual relations”.

“Marriage is not and should not be a sexual servitude,” the joint statement says, pointing out that in 47 percent of the 94,000 recorded rapes and attempted rapes per year, the aggressor is the spouse or ex-spouse of the victim.

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