Sweden: Rape not a serious crime enough to warrant deportation

[Daneman]

http://www.dagensjuridik.se/2016/07/...slagens-mening

26-year-old man convicted of rape to 2.5 years in prison will not be deported to his homeland. The Court of Appeal does not consider that the offense is serious enough in the Aliens Act.


The man had assaulted the woman at her home in Falkirk and he could be arrested after police called to the scene by neighbors who heard the woman's screams for help. The man had, among other things put in their hand into the woman's vagina.

The man was convicted of rape to two and a half years in prison. He would even pay over 115 000 in damages to the woman. The man, who is from Eritrea, was expelled simultaneously from Sweden for a period of ten years.

Requires multi-year prison
sentence was appealed to the Gota Court of Appeal now abrogate the decision on expulsion. The Court of Appeal finds that an alien who is a refugee and who need a safe haven in Sweden may only be expelled if he has committed a "particularly serious crime" and it would "cause grave danger to public order and security" to let him stay here.

The threshold for what is considered as a very serious crime has in practice normally been considered to go "at the crime for which the alien has been sentenced to several years of imprisonment."

Permanent residence
The man has been granted permanent residence as a refugee by the Immigration Service, which stated that there are obstacles under the Aliens Act to enforce a decision to expel him to Eritrea.

The Court of Appeal finds that the crime was very serious but interpret practices that are not "particularly serious in the Aliens Act". He should not be expelled. Otherwise establishes the Court of Appeal District Court.



What a joke, one of the more serious crimes are not enough for deportation of a criminal scumbag. What's actually required to be deported from Sweden nowdays?

[Polyxo]

I don't agree with rape 'not being serious enough', however, by the logic of their penal system, deportation would be inappropriate. If Sweden's penal system is rehabilitative, then there's no reason to deport someone back to their home country. If Sweden's penal system is not rehabilitative, then deportation is essentially unleashing a dangerous criminal upon a largely unsuspecting foreign population.

[apeiron1234]

Can't say I'm surprised.

[shadowmouse]

Google Translate? While comprehensible, I can't be sure exactly what I'm reading here.

One problem in law is that we end up with terms of art that do not always mean what the same words would mean in ordinary use. My background is US law, Scandinavian law has a different set of quirks but as far as I know still has a similar situation when it comes to interpreting the language of a law.

The Court of Appeal finds that the crime was very serious but interpret practices that are not "particularly serious in the Aliens Act". He should not be expelled. Otherwise establishes the Court of Appeal District Court.

The translation is clunky, but I gather that what this means relates to what I was saying about interpretation of laws -- the found the crime itself to be very serious, but it did not meet the analysis for "serious" within the meaning of the Aliens Act. Perhaps, as @Polyxo mentioned, it goes to considering how his crime -- once his sentence is served -- would be an indicator of his likelyhood to "cause grave danger to public order and security".

Is rape a serious offense? Yes, and the appellate court seems to have expressly acknowledged that. Is every rapist predisposed to continue to rape? That's less clear. In the US, we use a sex offender registry and the clear implication is that any form of sex offense represents a continuing danger. In the case in question, the limited facts presented sound fairly clear cut; however, some of the discussion after the Assange matter suggest that Swedish laws in particular may be quite complicated when it comes to sex and consent. See, http://www.outsidethebeltway.com/jul...x-by-surprise/ See also, http://www.thewire.com/politics/2010...spiracy/21994/

That may have forced the court to decide whether each and every rape case is at the same level of violence and presents the same level of threat to society. For example, if a refugee were facing charges identical to those faced by Assange, would there be a persistent and serious danger so grave as to warrant deportation?

[Saiona]

That country is doomed. All of Europe is doomed.

[May90]

Deportation is not generally something that is a big thing in the law. The problem with it is that it differentiates treatment of citizens from treatment of foreigners (citizens never get deported), which goes against basic human rights declared by the UN and signed by almost every government on this planet.

Usually the justification of deportation is someone threatening the security/safety of a state. Apparently, one rape event is not that. Unless, I don't know, the person has managed to rape 10% of the population.

Also, note that the person in question has permanent resident status in Sweden. Deporting a permanent resident is only more problematic and technically difficult.

[Majestic12]

If Sweden's penal system is rehabilitative, then there's no reason to deport someone back to their home country.

This. Sorry OP, but as a Dane you should understand this already. You have some very strange views, though, after having read your talk about descent and Denmark.

[Deleted]

http://www.dagensjuridik.se/2016/07/...slagens-mening

26-year-old man convicted of rape to 2.5 years in prison will not be deported to his homeland. The Court of Appeal does not consider that the offense is serious enough in the Aliens Act.


The man had assaulted the woman at her home in Falkirk and he could be arrested after police called to the scene by neighbors who heard the woman's screams for help. The man had, among other things put in their hand into the woman's vagina.

The man was convicted of rape to two and a half years in prison. He would even pay over 115 000 in damages to the woman. The man, who is from Eritrea, was expelled simultaneously from Sweden for a period of ten years.

Requires multi-year prison
sentence was appealed to the Gota Court of Appeal now abrogate the decision on expulsion. The Court of Appeal finds that an alien who is a refugee and who need a safe haven in Sweden may only be expelled if he has committed a "particularly serious crime" and it would "cause grave danger to public order and security" to let him stay here.

The threshold for what is considered as a very serious crime has in practice normally been considered to go "at the crime for which the alien has been sentenced to several years of imprisonment."

Permanent residence
The man has been granted permanent residence as a refugee by the Immigration Service, which stated that there are obstacles under the Aliens Act to enforce a decision to expel him to Eritrea.

The Court of Appeal finds that the crime was very serious but interpret practices that are not "particularly serious in the Aliens Act". He should not be expelled. Otherwise establishes the Court of Appeal District Court.



What a joke, one of the more serious crimes are not enough for deportation of a criminal scumbag. What's actually required to be deported from Sweden nowdays?

Read the fucking law.

"Serious level of threat against public order or Society", "on the level of a Several years sentance".

Putting your hand in someones vagina, forcibly, is not being a serious level of a threat against the public order or Society.

[Guy4123]

Deportation is not generally something that is a big thing in the law. The problem with it is that it differentiates treatment of citizens from treatment of foreigners (citizens never get deported), which goes against basic human rights declared by the UN and signed by almost every government on this planet.

Usually the justification of deportation is someone threatening the security/safety of a state. Apparently, one rape event is not that. Unless, I don't know, the person has managed to rape 10% of the population.

Also, note that the person in question has permanent resident status in Sweden. Deporting a permanent resident is only more problematic and technically difficult.

My brother had to go through a deportation hearing because he came back into the US (yea they didn't stop him GOING) after going on holiday back to the UK because he had some drug offenses on his record from years prior. I'd hardly call that threatening the security/safety of the state but I guess it just depends on the country.

[Deleted]

My brother had to go through a deportation hearing because he came back into the US (yea they didn't stop him GOING) after going on holiday back to the UK because he had some drug offenses on his record from years prior. I'd hardly call that threatening the security/safety of the state but I guess it just depends on the country.

Considering the US is currently favored to elect a candidate that is proposing to build a giant wall to keep out illegal mexicans, i think it speaks volumes of the difference in the countries.

[May90]

Considering the US is currently favored to elect a candidate that is proposing to build a giant wall to keep out illegal mexicans, i think it speaks volumes of the difference in the countries.

Even without that, the US has always been using deportation extensively. Not only deportation, but they usually ban the deported for 10 years from being able to apply for the US visa. They can even denounce a person's acquired permanent resident status or even citizenship, in extreme cases. Living here is considered a privilege, rather than right, for everyone who wasn't born here. Which kinda goes against basic human rights.

[Deleted]

Even without that, the US has always been using deportation extensively. Not only deportation, but they usually ban the deported for 10 years from being able to apply for the US visa. They can even denounce a person's acquired permanent resident status or even citizenship, in extreme cases. Living here is considered a privilege, rather than right, for everyone who wasn't born here. Which kinda goes against basic human rights.

How did that saying go again?

All animals are equal, but some are just more equal than others?

[Daneman]

Read the fucking law.

"Serious level of threat against public order or Society", "on the level of a Several years sentance".

Putting your hand in someones vagina, forcibly, is not being a serious level of a threat against the public order or Society.

I don't agree with rape 'not being serious enough', however, by the logic of their penal system, deportation would be inappropriate. If Sweden's penal system is rehabilitative, then there's no reason to deport someone back to their home country. If Sweden's penal system is not rehabilitative, then deportation is essentially unleashing a dangerous criminal upon a largely unsuspecting foreign population.

They do deport rapists that get 2 years sentence: http://www.svt.se/nyheter/nyhetsteck...takt-i-leksand
They're not particularly consistent with the application of deportation.

- - - Updated - - -

Also, note that the person in question has permanent resident status in Sweden. Deporting a permanent resident is only more problematic and technically difficult.

People get deported even though they have a permanent residence permit - for battery.

[Deleted]

How did that saying go again?

All animals are equal, but some are just more equal than others?

That qoute was about the animals at the farm, not about animals from other farms coming in


OT: gj Sweden on destroying your own peoples future and safety with their own tax money, stay classy

[Deleted]

Well its mostly man hating western females that want this multiculti crap.
And they have forced their viev on the whole system here police/politicians/lawmakers/court via media/school etc.

So if they dont wana get violently dry fisted by a stranger then its up to them selfs to fight back and fix the problem they have created.

[Super Kami Dende]

Maybe not deported, but definitely dragged out the back and shot.

[Bushtuckrman]

I remember a time when there was next to zero rape in Sweden. Well done to the feminists and liberals in Sweden who literally created and now maintain a rape culture that they say they're against.

I swear CERN did something and we have been plunged into an alternate universe, definitely feels like that.

[Azadina]

Rapists should get deported.... There's no need for them.

[May90]

I remember a time when there was next to zero rape in Sweden. Well done to the feminists and liberals in Sweden who literally created and now maintain a rape culture that they say they're against.

I swear CERN did something and we have been plunged into an alternate universe, definitely feels like that.

Funny you mention that, since one of the reasons there used to be so little rape in Sweden is that it is the country with the highest equality of sexes in the world - thanks exactly to those evil feminists and liberals you hate so much.

Rape rates you observe there now are due to failed immigration policies, nothing else.

[Super Friendly Kitty Cat]

Sweden.

lol

I read an article from a governmental official who said it is not as bad when a muslim immigrant rapes as it is when native sweden rapes.

They definitely are headed down a path of self-destruction.