A 19 year old man has been convicted by the Swedish court of appeals for “sexually taking advantage” of a 13 year old girl. The prosecutor was looking to get him convicted of rape against a minor, but the Swedish court decided to only convict him of “taking advantage” of the young girl reports Swedish news site Samnytt.
The man, who is a citizen of Somalia, had been messaging the girl on Snapchat where he said he wanted to have intercourse with her, despite the girl telling him her age. He had asked to meet up with the girl, and after meeting at a shop they went home to his apartment where he locked the door and proceeded to have intercourse.
He had both anal and vaginal intercourse, and according to the girl, she was “biting her tongue” during this because of the pain. She “couldn’t sit down for two days” afterwards and she got anxiety and had trouble sleeping.
According to the court, the girl sustained injuries from the intercourse.
The age of consent in Sweden is 15. Despite this, the court did not convict 19 year old Hussein of rape against the 13 year old girl, but instead he was convicted of “sexually taking advantage” of her.
The man received residence permit in Sweden by the migration authorities on the 13th of April 2016. On the 9th of March 2019 he was arrested by police. On the 6th of May 2019 Mora District court sentenced the man to a suspended sentence, 75 hours community service and ordered to pay SEK 15 000 ($1 579) damages to the girl.
On the 6th of December 2019 Svea Appeals court upheld the sentence, but increased the damages to be paid to SEK 25 000 ($2 632).
Here is an excerpt of the court ruling translated into English.