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Western Outlaw

April 24, 2011

Julian Assange, Rape Allegations, and the Catch-22 of the “Real Rape Victim”

Filed under: Julian Assange - Wikileaks — Tags: , , — Mal @ 4:30 am

You have made some interesting and valid points here. however, the problem is that you have failed to take account of the specific details of the case.

Whilst it is true that all rape allegations deserve attention and the victims deserve to be listened to and, furthermore, legal proceedings can be subjected to all manner of male stereotypes, male chauvinism, etc. from many directions, we must remember here that no official charges have been made and, as yet, no evidence has been presented to Assange’s lawyers, even though many different parties have been given ample opportunity to offer these. moreover, there is no doubt that Assange’s fears of being kidnapped are well-reasoned, given that members of the American press and government have openly expressed a desire to see him dead, legally or otherwise.

For these reasons and more, your attempt to hang an all-encompassing feminist account (nothing wrong with that, per se) on a very specific circumstance, without recourse to any of the specific details is irresponsible and toothless.

Indeed, we may eventually discover that this is why such a smear campaign was chosen, if indeed that is what it is, because rape claims can never be shaken off without bleating misanders such as this writer using the case to paint broad theoretical tarred brushstrokes across all male-kind and, indeed, Julian Assange. here, I preemptively refute any charges of sexism or callousness: in no way do I wish to diminish the suffering or rights of rape victims, but you seem to have forgotten that Assange’s case is a particular one, which deserves individual attention.

However, I wonder how the writer would feel if she were falsely accused of child abuse in an attempt to slander her name, then placed under various types of arrest awaiting extradition without any official charges being made, with all manner of shady shenanigans (such as double-gagging orders, attempts to hold her incomunicado without charges, etc.) being levied. Then, we could use this great injustice committed against her to pontificate about the theoretical rights of theoretical children in theoretical cases until the shit really sticks. Subsequently, anyone objecting to this erroneous way of framing an argument would be accused of undermining every child’s right to being heeded and receiving justice, whereas, in reality, people might tend to defend her because they have actually TAKEN THE TIME TO LOOK AT THE SPECIFIC CIRCUMSTANCES. in a similar way, anyone who dares attack one element of Israeli foreign policy is often, unfairly, branded an antisemite. Clearly, this is a perfect analogy of what she has done here to Assange (who never once denied that the women should be heeded, but rather refuted the claims rotundly and with reason in attempt to clear his name from what are, evidently – by lights of the HIGHLY SPECIFIC AND UNUSUAL CIRCUMSTANCES WHICH THE WRITER HAS FAILED SPECTACULARLY IN BROACHING – highly questionable). Indeed, this type of smear campaign is not without precedent (eg. Daniel Ellsberg).

I would like to stress, once again, that I believe rape is an abominable crime and ALL women have right to legal counsel, to the pursuit of justice, to support mechanisms in the legal process and in society as a whole. Neverthess, this is entirely consistent with insisting, as I do, that, while your theoretical points about the field of rape are highly valid, they do not begin to show any real understanding of the specific case and, in turn, help to do great damage to a potentially innocent man by tarring him ruthlessly with one brush. Whether this is your intention or not remains moot, since shit sticks once it’s thrown.

One last question: even given the women’s legal and moral rights, if the writer found herself, God-forbid, in an identical situation, would she herself be willing to be extradited on the basis of highly dubious, ill-presented and poorly evidenced claims (NOT even charges, as yet) if she knew that a potential and likely source of these claims was the most powerful government on Earth, some of whose members and affiliates in the press have expressed a strong desire to seem her dead (even “ilegally”, as one Fox News pundit suggested), and who could also easily have her disappeared to one of its many torture camps (eg. Guantanemo) and even more easily from Sweden? it is, indeed, highly hyprocritical that her strong humanitarian convictions towards rape and its victims – themselves no doubt nobly and consistently maintained – should not extend to the SPECIFIC rights of a SPECIFIC person in a SPECIFIC case who runs the very real risk of death, torture and oblivion. The essay is, as such, beneath contempt.

Julian Assange, Rape Allegations, and the Catch-22 of the “Real Rape Victim”

April 8, 2011

STDs, Broken Condoms, and ‘Sex by Surprise’: A Primer on the Charges Against Assange — Daily Intel

In the middle of a packed courtroom in London this morning, Swedish authorities offered the first clear articulation of the sex charges levied at WikiLeaks’s founder. Of course, it’s impossible to separate the sexual allegations against Assange in Sweden from the political maelstrom surrounding his whistle-blowing website, especially when Assange and his legal team dismiss the charges as “smear tactics” in retaliation for exposing state secrets. But even taken on their own, the sex crime allegations, like the leaked diplomatic cables, seem to require a little decoding.

Does Sweden really have a “broken condom law”? how exactly does one commit “sex by surprise”? Could this whole thing have been prevented if Assange agreed to be tested for STDs? And what, if anything, does the country’s aquavit-soaked crayfish season have to do with it? With the blogosphere launching its own smear campaign against Assange’s accusers, here’s our attempt to sort it all out.

First things first: according to the Swedish criminal code, there is no “broken condom law,” nor is there a law against having consensual unprotected sex. (Unlike the U.S., anything not listed in the code could still be considered a crime, but only by “special legislation.”) In the Swedish warrant for Assange’s arrest, both of his accusers said that they had separate consensual sexual encounters with Assange that became nonconsensual after he refused to use a condom or replace a broken one.

During the hearing today, Swedish representative Gemma Lindfield laid out the complaints against Assange:

The first complainant, a Miss A, said she was the victim of “unlawful coercion” on the night of 14 August in Stockholm. the court heard Assange was alleged to have “forcefully” held her arms and used his bodyweight to hold her down. the second charge alleged he “sexually molested” her by having sex without using a condom, when it was her “express wish” that one should be used.

A third charge claimed Assange “deliberately molested” Miss A on 18 August.

A fourth charge, relating to a Miss W, alleged that on 17 August, he “improperly exploited” the fact she was asleep to have sex with her without a condom.

Prior to the complaint, rumors were swirling that Assange was being charged not with rape but an obscure Swedish law against “sex by surprise,” which is likewise nowhere to be found in Sweden’s criminal code.

The confusion all seems to emanate from Assange’s British lawyer, Mark Stephens, who told AOL reporter Dana Kennedy that his client was charged not with rape but with “sex by surprise,” a crime that comes with a meager $715 fine.

“Whatever ‘sex by surprise’ is, it’s only a offense in Sweden — not in the U.K. or the U.S. or even Ibiza,” Stephens said. “I feel as if I’m in a surreal Swedish movie being threatened by bizarre trolls.”

Swedish blogger Linea at Feminism and Tea attributes the confusion to a mix-up over a colloquialism for rape:

“Sex by surprise” or överraskningssex as it would be translated in Swedish is slang for rape. It is a term that is used when speaking about rape, but jokingly, or keeping it light, a word that brings with it positive connotations, which makes the word inappropriate in itself, but it is nevertheless synonymous with rape.

A research project last year funded by the European Commission found that Sweden leads Europe in reports of rape, with 46.5 per every 100,000 citizens, compared with 36 in No. 2 Iceland and 26 in England and Wales. At the same time, Sweden’s 10 percent conviction rate for rape is among Europe’s lowest.

The criminal code does mention that longer sentences for rape apply if the perpetrator caused “serious illness.” In fact, Reuters reported on Tuesday that the women who accused Assange were initially only trying to find Assange in order to ask him to be tested for STDs. according to associates of Assange “who have since fallen out with him,” they went to the police only after they failed to persuade him. Assange apparently had his cell phone off out of fear he was being traced.

Kate Harding, over at Salon, says that with little information, many have turned to “making light of the sexual assault charges and smearing one of the alleged victims.” she singled out a HuffPo column by Naomi Wolf (yes, that Naomi Wolf) as particularly egregious.

As for those crayfish, a detailed Daily Mail story based on anonymous sources and leaked police reports mentions that one of his accusers, presumably Miss A in the complaint, since she met and slept with Assange first, hosted a crayfish party (“a traditional, and usually boozy, Swedish summer event”) in his honor at her apartment. as the paper points out, the first allegation happened the night before the party. Traditionally, crayfish season means throwing back aquavit and beer as much as it does sucking down crustaceans. It’s not clear if the traditionally high alcohol saturation at such parties played a role in the convoluted case of Julian Assange, contender for head of Slytherin House and scourge of governments everywhere. But it does give you some idea of why Swedish prosecutor just fell to last place on the list of enviable jobs.

Assange bail request refused as Wikileaks chief fights extradition [Guardian UK]Why Britain is likely to send WikiLeaks’ Assange to Sweden on rape charges [Christian Science Monitor]The Wikileaks sex files: how two one-night stands sparked a worldwide hunt for Julian Assange [Daily Mail UK]Special Report: STD fears sparked case against WikiLeaks boss [Reuters]Why is the left trying to smear a rape accuser? [Salon]

STDs, Broken Condoms, and ‘Sex by Surprise’: A Primer on the Charges Against Assange — Daily Intel

February 18, 2011

Inspector Clouseau Works in Sweden’s SPPO-Wikileaks

Dec. 3, 2010Swedish authorities have sent a second warrant to the UK for the arrest of Julian Assange regarding some trumped up phony charges after the first warrant was rejected on legal grounds.

The Swedish Prosecution Authority bungled the first warrant and Mr. Assange has addressed these charges in the past which are apparently an embarrassment to Sweden’s crime team and it is astoundingly evident they are under political pressure from the USA.  Assange has stated this was part of a smear campaign aimed at discrediting him and clearly undertaken to stop him from issuing more leaks about the US military secrets that aren’t so secret in any way.

The original Swedish documents indicate the trumped up charges are: rape, sexual molestation and coercion none of which are of major concern for normal visitors of Sweden.  The warrant was issued hours after the documents were released by Wikileaks is proof enough but also the previous Swedish judge who threw the case out of court.  Apparently a junior prosecutor-lawyer in the Sweden Public Prosecutor’s Office issued the warrant then they were considered baseless charges later.

In any case, there would be not enough reason for the UK to agree or accept a demand for an extradition or force Assange to appear in a Swedish court, since he has already refuted the charges which are extremely suspicious and the timing is even more so.

Julian Assange’s lawyers stated the charges involve a dispute over not using a condom during consensual sex involving two Swedish women. Knowing that Sweden is known for being one of  the sex capitals of the world where prostitution and porn are on every street it is hardly believable that the condom law is enforced in every visitor’s hotel room.

It is believed the prosecutors are making up more charges as they go along with this story and a lawyer in Australia James D. Catlin from Melbourne stated the Swedish justice system is becoming ” the laughing stock of the world”.

Catlin stated ” The swedes are making this up as they go along” and more suspicion is raised on the timing of these trumped up charges.

The laughing stock begins with the following facts:

1) Julian Assange is not a citizen of Sweden but only a tourist and the justice system singled him out over all the tourist that arrived in Sweden that did not use condoms during their stay.

2) The phony charges are being brought by two women who have concocted this story with the help of the Swedish prosecutors who are creating a fictional account of a created crime.

3) The Swedish prosecutor in August of 2010 has already embarrassed itself when the media learned that the same arrest warrant was withdrawn on the same day it was issued due to “lack of evidence” in the words of the SPPO -the infamous Sweden Public Prosecutor’s Office.

It appears the SPPO is modeling itself on the very famous investigator namely the bumbling Inspector Clouseau of the Pink Panther movie played by Peter Sellers.

We envision the investigation to continue somewhat like this video:

Scenes from A Shot in the Dark  – Classic Pink Pather Movie with Peter Sellers.  The Swedish prosecutor is bungling this case so badly it is making the media pee their pants laughing.

Certain portions of our comments reference Daniel Tencer’s article on Assange

Source: The Raw story, Sweden Investigating Assange for Condoms

Tags:  Swedish Prosecutors Bungle Assange Condom Warrant, No condom -Don’t Go to Sweden, Swedish Tourists to be warned at airport to use condoms when ever possible, Julian Assange a victim of the Swedish Prosecutor-Inspector Clouseau, The Pink Panther of the Swedish Justice system submits 3 warrants on Julian Assange, Wikileaks Founder a victim of bumbling swedish prosecutor, No evidence of any crime in phony warrants against Julian Assange, Wikileaks harassed by the Pink Panther Swedish Investigator.

Editors Note: The whole affair is rather humorous and baseless charges to stop Wikileaks seems not only laughable but a waste of tax payers dollars in Sweden.

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Inspector Clouseau Works in Sweden’s SPPO-Wikileaks

January 20, 2011

Julian Assange arrest: This isn’t about WikiLeaks, it’s about an accusation of rape

Assange being interviewed by the press in Stockholm in August (Photo: AFP)

There’s an unnerving conspiracy theory doing the rounds online today, which goes something like this: Swedish prosecutors issued an international arrest warrant for the WikiLeaks chief, Julian Assange, because they were quietly ordered to by the CIA/US Government for political reasons. in milder terms, this idea was first proposed by his lawyer, Mark Stephens – who hasn’t yet contradicted his client’s claims of an international “smear campaign”. it has also been reported prominently by the BBC. Today Assange’s admirers have already started a kind of vigil on Twitter, saying things like: “Only a matter of time before they fabricate ‘evidence’ against Assange & lock him up.”

As readers of this blog may know, I’m not a fan of Julian Assange and think his professional life is a troubled one. But I can say this confidently: I have ABSOLUTELY no idea whether he is a rapist or not. the WikiLeaks revelations, published by the Guardian and other newspapers, were at times fascinating – but they did not suggest that the USA is in the habit of forcing foreign courts to fabricate criminal charges. Who are we to offhandedly dismiss two women’s claims that they were harmed? Why are Assange’s supporters so quick to abandon their belief in international law and women’s rights?

If we are to listen to one lawyer defending his client, we should also listen to the other side. Here’s what Claes Borgstrom, who represents both the women, said in September when Sweden reopened its investigation: “this is a redress for my clients, I have to say, because they have been dragged through the mud on the internet, for having made things up or intending to frame Assange… There is not an ounce of truth in all this about Pentagon, or the CIA, or smear campaigns, nothing like it.”

It is for not for commentators like me or conspiracy theorists to decide whether he – or Mark Stephens – is right.

Julian Assange arrest: This isn’t about WikiLeaks, it’s about an accusation of rape

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