Circumstances to be considered when drawing the line between rape of normal degree and rape, a less serious crime, include, according to the Supreme Court, among other things, how long the sexual act lasted, if it was associated with pain, injury or other bodily harm, if violence or threats occurred or if there were otherwise humiliating or degrading elements.
"The assessment should also consider whether the act included several sexual elements, what relationship the accused and the plaintiff had, and how the accused has related to the plaintiff's clarification that sexual intercourse is not desired," writes the Supreme Court.
In the current act, there was no violence or threats or other humiliating or degrading elements, beyond the act itself. It was a short sequence of events and the man stopped as soon as the woman clarified that it was unwanted.
The man is also sentenced to pay damages of 160,000 kronor to the woman.
