@High Seas,
Ah, some clarification. There is no such law as "sex by surprise." There seems to be a bit of legal theater going on by all parties with this term.
New York Magazine wrote: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.
full article <-- good read
It strikes me as odd, but then that's a projection of my sensibilities. There seems to be a bit of legal theater going on by all parties with this term. For Assange's lawyer, it downplays the actual accusations. For the Swedish lawyer, the use might be tongue in cheek in return. It appears Assange's defense was the first to use the term publicly not the Swedes. When the Swedes were explaining the allegations to Assange's lawyers, it's unclear how the exchange went in private.
Either way, "Sex by surprize" or "överraskningssex" isn't the claim. It's slang that is used broadly in Sweden apparently. The actual allegation (verbatim) is as follows:
Quote: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.
I read an additional detail that the meeting of Ms A and Ms W prompted one of the women to request Assange to get a STI test, which they claimed he refused to do. That part is not illegal, but fills the gap on how some things came to be. Note the dates of sexual intercourse. A - W - A. So that's the story. Not as confusing or as exciting as "sex by surprize." Far more factual, though. If formally charged, the charge will read "rape lesser crime" which is where I was confused earlier.
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