The Göta Court of Appeal acquits a teenager from rape as the prosecutor failed to prove intent to commit a crime, reports Smålandsposten.
In the district court, the teenager was sentenced to three years in prison for raping a teenage girl in a residence in Växjö.
According to the district court, the teenage girl gave a very credible account of the sequence of events in the residence, where she initially gave her consent to certain sexual activities, but then said no – clearly and several times.
Even the Court of Appeal – which has reviewed the same evidence as the district court – establishes that it is proven that the teenage girl did not participate voluntarily in several of the sexual acts.
However, according to the court, the prosecutor has not managed to prove that the teenager had intent to commit a crime.
”The prosecutor has not been able to prove that (the teenager) at the time of the crime was indifferent to the fact that the plaintiff did not participate voluntarily in the manner required for intent. Since intent is lacking, the charge shall be dismissed”, writes the Court of Appeal in the acquittal verdict, according to Smålandsposten.