December 8 Update | Please read this before commenting.
Here’s how a widely-circulated story printed in Slate magazine yesterday described the incidents that led to Wikileaks founder Julian Assange’s Interpol arrest warrant:
“During a business trip to Stockholm last August, Assange had unprotected sex with two women … who upon realizing that they had both slept with him—and that he had blown them both off—jointly approached police about his refusal to take an STD test. At the time, Assange’s Swedish lawyer confirmed that ‘the principal concern the women had about Assange’s behavior … related to his lack of interest in using condoms and his refusal to undergo testing, at the women’s request, for sexually transmitted disease.’ (Assange actually did use a condom with one of the women, but it broke.) … The ‘consent of both women to sex with Assange has been confirmed by prosecutors,’ as a former attorney wrote in an impassioned op-ed.” [bold and italics in original]
But here’s how the New York Times reported the incidents back on November 19:
“According to accounts the women gave to the police and friends, they each had consensual sexual encounters with Mr. Assange that became nonconsensual. One woman said that Mr. Assange had ignored her appeals to stop after a condom broke. The other woman said that she and Mr. Assange had begun a sexual encounter using a condom, but that Mr. Assange did not comply with her appeals to stop when it was no longer in use.”
Note: See second update below for new details on the charges released by Swedish authorities on December 7.
Slate characterizes this as a case in which Swedish prosecutors have confirmed that the sex in each instance was consensual, but are pursuing charges anyway. Their only sources for this claim, though, are two of Assange’s lawyers. And if that wasn’t bad enough, Slate vouches for the lawyers’ analysis in their own account of the incidents, even though it’s clear that whether the sex was consensual is under dispute. (Even the Daily Mail — Slate’s only non-Assange source for their piece — whose own reporting is deeply creepy in many ways, is more honest about the charges than Slate is.)
And that’s another thing — the phrasing of the second quote from the Assange lawyer. According to the Times accounts, both women initially consented to sex, but withdrew consent when a condom broke or was removed. If that’s the case, then the lawyer’s gloss — that the “consent … to sex … has been confirmed” — is technically accurate but fundamentally dishonest. If someone consents to sex with you, then asks you to stop, and you don’t stop, that’s rape.
One final confusing element of this story is Assange lawyer Mark Stephens’ recent claim that “Assange is wanted not for allegations of rape, as previously reported, but for something called ‘sex by surprise.'” I’ve been able to find no reference to such a charge in Swedish law, and no confirmation in any media coverage of the Assange story of any such alteration to the charges.
I have no opinion on whether Assange is guilty of the charges against him. I by no means reject the possibility that he’s being set up — I just don’t know. But I’m getting a strong sense that his lawyers are misrepresenting what’s being alleged, and I’m troubled by the online media’s willingness to go along with those misrepresentations. For more on the media and blogosphere’s questionable treatment of this case see this comprehensive post from reader/commenter Neogaia.
December 7 Update | Assange has been arrested in London in connection with the sex charges against him. The charges are rape, sexual coercion, and molestation — not the mythical “sex by surprise.” (See this excellent post for more on “sex by surprise” — the phrase doesn’t refer to any Sweden-specific crime — it’s actually just a dismissive Swedish slang term for rape.)
Comparing the charges announced by police with those listed in the official English-language translation of the Swedish penal code, we see that Assange’s lawyer’s claim that the charges against him carry a maximum penalty of a 5000 Kroner fine (variously described in US media as $700 or $715) is also false. Rape carries a maximum penalty of six years, sexual coercion and sexual molestation two years each.
Update | The Swedish authorities have released details of the allegations against Assange. They claim that he used his body weight to hold one woman down during a non-consensual sexual act, that he had sex with her without using a condom in violation of her “express wish,” and that four days later he “deliberately molested” her “in a way designed to violate her sexual integrity.” The other complainant alleges that he took sexual advantage of her while she was asleep, and that he did not use a condom.
Update | I should note for clarity’s sake that Assange hasn’t actually been charged with anything. He’s been arrested, and the Swedish authorities have specified the charges they’re considering filing against him, but those charges have not been filed at this time. Sweden is seeking to extradite him for questioning, nothing more.
Update | Again, please read this before commenting.
75 comments
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December 4, 2010 at 2:48 pm
Effie Gr
really think about. Are we serious now?
they say
“According to accounts the women gave to the police and friends, they each had consensual sexual encounters with Mr. Assange that became nonconsensual.”
what else can we hear in this world? Interpol has Red Alert against Assange because he had consensual sex without condom, so after it became nonconsesual… May there in Sweden people don’t make sex without condom because it’s illegal. I am sorry but interpol makes me laugh…
December 4, 2010 at 2:59 pm
Angus Johnston
The claim is that the women consented to sex with him under the condition he use a condom, and that he continued to have sex with each of them after the condom broke or was removed. They told him to stop — they withdrew consent — and he didn’t stop. That’s the charge reported by the New York Times.
How is that unserious?
December 4, 2010 at 3:22 pm
Lev Plekhanov
The timing of the charges is awfully suspect. The fact that they can’t find a tax evasion or comm fraud charge on an old hacker is doubly suspect. I wonder if the charge were anything but rape if you would be so “fair and balanced” about this. We can even assume that the charges are true and still surmise that they have CIA written all over them — women who preferred to forget about traumatic events pressured into pressing charges by American intel and its toadies.
The important political point here is not the guilt or innocence of Mr. Assange. It is the broader smear campaign against him and Wikileaks, including these charges and various threats against his physical person.
December 4, 2010 at 3:56 pm
Angus Johnston
The charges may be true or they may be false. But it does nobody any good to misrepresent the charges themselves.
December 4, 2010 at 4:01 pm
Lev Plekhanov
A fair point. But what are the politics of treating the very, very real possibility that these charges are part of a smear campaign as an afterthought? Are you seriously more concerned about the possibility that his lawyers are misrepresenting the charges than you are about the possibility that world governments have closed ranks in their attempt to discredit or even kill Mr. Assange?
December 4, 2010 at 4:37 pm
Angus Johnston
I’m definitely concerned about the possibility that he’s being framed. But I don’t have any information on that subject, so there’s not much for me to say about it.
On the subject of the charges themselves, however, a lot of people I have a lot of respect for are repeating claims that I consider to be incredibly dubious, and I think it’s important to correct the record there.
December 4, 2010 at 4:53 pm
DC Student
@Lev, as a rape victim AND a wikileaks supporter, I think its ridiculous to try to try to make a false dichotomy between supporting wikileaks and taking seriously the issue of withdrawing consent.
I have no idea if Assange is innocent or guilty. The timing to me is also highly suspect but that says nothing about the facts of the incident.
From what I’ve read the name of one of the women who pressed charges has been leaked and she’s of the radical school of feminism. That’s mostly been used to smear her name by right-wingers libertarians as a man-hater but to me it makes it clear that as a feminist she would be well aware of the consequences of how a sexual assault charge is perceived.
I still have not reported my sexual assault b/c of the almost certain likelihood that many people will not believe me and blame me and that the police will be reluctant to prosecute an acquaintance rape.
There’s a lot of rape in our society, but I do have some doubts about this more so than most accusations of sexual assault. I was not convinced that Al Gore was incapable of sexual assault just b/c he’s a liberal. That charge did not come at a suspect time, but years after his presidential campaign.
It’s just shocking how the first commentor like many people in society doesn’t recognize that when a person says “No sex without a condom” if they have sex without a condom, that’s assault. People can change their mind in the middle, and while it might be uncomfortable for anyone, you HAVE to stop.
That’s just a cultural comment. I have no idea the accusation is true. It may or may not be and comes at a really suspect time. (If this had come out months before the world’s govts were trying to arrest him for any reason, I would be a lot less skeptical.) regardless our skepticism has no bearing on what happened, assault happened or did not happen and the only people who really know that are the women and Assange.
Regardless even IF Assange is charged and convicted for this crime that doesn’t mean a thing about Wikileaks. He still did good things for the world by exposing things secretive governments would like to hide and Wikileaks will stick around no matter how hard they may try to stop them.
December 4, 2010 at 5:21 pm
Angus Johnston
I agree with you 100%, DC.
One thing that should be pointed out, though — the claims that one of Assange’s accusers is a radical feminist seem to be coming exclusively from right-wing blogs, mostly in the US, and none of the ones I’ve seen have provided evidence for that characterization.
If it’s true that she’s a radical feminist (whatever that may mean in this context), that of course — as you note — doesn’t remotely make her more likely to lie about having been raped. But in a story where so much spin and obfuscation is flying, I think it’s important as a general principle to separate out fact from rumor.
December 4, 2010 at 6:20 pm
somebloke
The two women went to the police because they discovered they had both been bedded by him and they got pissed off about it. End of story.
The Interpol red alert has NOTHING to do with this. The intention is to get him to Sweden then to the USA for lifetime imprisonment or even the death sentence – just to be sure people know the price for telling the truth – unlike these women who are lying after the fact just because they feel cheated on.
December 4, 2010 at 7:27 pm
neogaia
@somebloke I am a supporter of Assange’s work in Wikileaks. I read that the red alert does not require the UK to extradite him.
Does the US govt want to arrest him for releasing documents? Sure! And I hope they don’t get him. But that doesn’t mean they’re necessarily behind these charges.
Maybe those women are angry with him but why are we so ready to believe that jealous women lie about being raped when most women who are raped are too scared to go to the police because they don’t think they’ll be believed?
December 4, 2010 at 7:41 pm
somebloke
@neogaia I am not saying that jealous women lie about being raped. No such generality at all. Firstly these women do not claim to have been raped and have changed their stories.
I am a victim of gang rape from age 1 through 11 years old – 53 men in total – and understand the horrors involved most deeply.
I am saying that the fact that they got together and texted each other to compare notes … that one of them “twittered” about the wonderful night she spent with him ….. before they went to the police … means this does not add up.
A red alert is Interpol’s highest – same as Osama Bin Laden would have – Not sure if you’re right about the UK … but Sweden can extradite him to the US once they have him ….
December 4, 2010 at 7:54 pm
Johan Aa
One of the two women posted on her own blog january 19th, 2010, the following copy of a text called “How to Get Legal Revenge”:
http://www.ehow.com/how_2296915_get-legal-revenge.html
December 4, 2010 at 7:58 pm
Angus Johnston
@somebloke Unless you’ve read something I haven’t, the claims you’re making about the women’s actions are taken directly from a blogpost written by an Assange lawyer. That post is a work of advocacy, not a reliable, checkable, factual account.
December 5, 2010 at 6:08 am
Birdseed
The women are two young social democrats, one very active in the Christian association within the party. Both are feminists. The idea that they’re somehow CIA plants is pretty hilarious, a particularly ridiculous spin on the consipracist nonsense that implies that (a) all feminists are part of a big conspiracy against men, and that (b) the CIA is completely controlling the Swedish legal system. Grand meta-conspiracy of everything right-wing nuts consider wrong, anyone?
December 5, 2010 at 2:45 pm
Lev Plekhanov
Update:
Assange’s accuser has CIA ties.
Big surprise.
December 5, 2010 at 3:14 pm
Angus Johnston
@Lev: The various exculpatory theories floating around are ultimately mutually exclusive. That doesn’t mean they’re all wrong, but it does mean that some of them must be.
Again, I don’t know what happened, and I don’t know how to explain it. But I do know the sound of axes being ground when I hear it.
December 5, 2010 at 8:17 pm
Jeremiah Tattersall
Hey,
This is an interesting read connecting the accuser of the alleged rape with the CIA and right wing anti-Cuban terrorists. Some of their connections seem convoluted but it’s interesting nonetheless.
http://my.firedoglake.com/kirkmurphy/2010/12/04/assanges-chief-accuser-has-her-own-history-with-us-funded-anti-castro-groups-one-of-which-has-cia-ties/
December 6, 2010 at 2:24 am
Lev Plekhanov
Again, I don’t know what happened, and I don’t know how to explain it. But I do know the sound of axes being ground when I hear it.
And yet, you don’t hear the CIA doing it in Sweden.
December 6, 2010 at 6:47 am
Rock
Here is a blog that alleges “Accuser Worked with US-Funded, CIA-Tied Anti-Castro Group” and cite the original reference. I did not check whether the refs are accurate except the anti-Castro articles published by Anna Adin, the “victim” in the rape case.
December 6, 2010 at 6:48 am
Rock
http://my.firedoglake.com/kirkmurphy/2010/12/04/assanges-chief-accuser-has-her-own-history-with-us-funded-anti-castro-groups-one-of-which-has-cia-ties/
December 7, 2010 at 7:16 am
Revisionist History
This guy has been caught in a crossfire between 2 butthurt women, the laws of a feminist leaning country, and the US spy network. He is in literally a world of trouble!!!
Of course this is politics. Charges of “rape” have always been a tool for revenge… be it from multiple scorned “lovers”, white supremacists hell bent on lynching, feminist “justice” systems, or a government agency looking to discredit a “terrorist”.
Please not that the two conference women only felt “violated” after they discovered each other. They did not go to the police immediately or independently!
“The drama took a bizarre and ultimately sensational turn after she called the office of Woman A, whom she had briefly met at the seminar.
The two women talked and realised to their horror and anger that they had both been victims of his charm.”
The issue of unprotected sex left a fear of disease. It is believed that they both asked him to take a test for STDs and he refused.
December 7, 2010 at 10:47 am
ba
Both Sweden and the US governments are demeaned by their (apparent) actions. Almost like some of the bogus, cliche’ed Soviet era tourist traps of old.
December 7, 2010 at 10:54 am
matthias Rönsberg
did you see this site?
http://radsoft.net/news/20101001,01.shtml
it really smells fishy if the two really need 5 days to come two term about what happened …
December 7, 2010 at 11:52 am
Angus Johnston
I’ve updated this post with new information about what’s been alleged, and what crimes Assange is being charged with. Check the updates for details, but in a nutshell…
The allegation is that Assange sexually violated two women who had previously consented to sex with him, one by holding her down and by refusing to use a condom, the other by initiating condom-less sex with her while she slept, without her permission.
Again, I take no position on the truth or falsity of these charges, but if (IF) they are true, it’s not surprising to me that the victims would hesitate before going to police, or that they would only decide to do so after comparing notes.
It’s entirely possible that Assange is being set up here. But a lot of the arguments that have been put forward in his defense are arguments that I’ve seen used over and over again to discredit legitimate rape victims.
These are specific charges about specific acts that Assange may or may not have committed. Our own hunches or allegiances (cultural, political, personal) will only take us so far in assessing them.
December 7, 2010 at 12:20 pm
Finisterre
The firedoglake post certainly raises questions about the women’s involvement with the CIA. But thank you, Angus Johnson, for being a voice of calm good sense in this increasingly dramatic, unprecedented saga.
@ Revisionist History
“2 butthurt women”
Thanks for using this terminology so early on in your post. It allows those of us who aren’t redneck tosspots or teenage fans of 4-chan to avoid bothering with the rest of your post.
December 7, 2010 at 12:21 pm
WTF
The author says he’s unbiased yet keeps repeating that Assange has charges against him.
There are no charges, which is why there is speculation about the allegations.
How about the Swedes actually charge him with something before pursuing a warrant for his arrest? How about some rule of law rather than guilt by propaganda.
I’ve read that the fine for the allegations against Assange range from $75 to $700. A search for facts regarding this rumor is what led me to this site. No help here.
December 7, 2010 at 12:44 pm
Angus Johnston
@WTF: A Swedish official detailed the allegations against Assange in court this morning, as shown in the link in the second update above. She specified what acts he’s accused of, and what crimes he’s being accused of committing. As I noted in my previous comment, and in my first update this morning, those charges all carry the possibility of jail time upon conviction.
December 7, 2010 at 1:16 pm
matlun
The information about the possible punishment being in the $700 range is only referring to the lesser harassment charge. The rape charge was dismissed August 21. This decision was appealed and the rape charges were reinstated September 1.
So any quotes about this being a minor crime may have been true if they were from this period.
December 7, 2010 at 3:53 pm
chris902
I 100% agree with what Dr. Johnston is saying.
The nasty tone taken by some folks going after the women is legitimately grossing me out.
I also think that the CIA link is pretty thin. Anyone who is a historian of social movements could point out that the CIA and FBI give support to thousands of organizations in the US and around the world, often without their knowledge, for various reasons. The presence of some CIA money or one CIA agent in an organization does not at all imply that all members of that organization are CIA operatives.
I also think that there is a very, very real possibility that the allegations against Assange are true (and in my mind there is no debate about whether or not what he did was sexual assault – it was) AND he’s being set up. Given how rarely officials actually prosecute alleged rapists, particularly in cases where consent for one act was given but one partner decides to do other things without consent, it is not outside the realm of possibility that he did commit these crimes but he’s only being prosecuted for political reasons.
The fact that there are reasons for the CIA, Interpol, Bilderburg, the Jews, the Reptilians, the Masons, etc. to set him up does not automatically make these allegations false.
The flip side is that if Assange is in fact a guilty of sexual abuse it does not make his work with wiki leaks any less valuable or any less factual.
December 7, 2010 at 4:26 pm
Jeremy
I like how your update fails to mention that Assange TURNED HIMSELF IN. Your story also fails to mention that he cooperated with authorities while he was in Sweden, left Sweden after the prosecutor told him it was ok to go, and volunteered to talk to the prosecutor from London after charges were re-raised against him after he had already left Sweden. It also fails to mention that after the “rapes,” both women still had a friendly relationship with Assange until after they found out that he’d nailed them both. It also fails to mention that one of the accusers had written a piece about “7 steps to get revenge.”
Your article has just as much spin and poor reporting as anything you complained about coming from the lawyers. This whole thing is a character assassination with the intent to discredit Wikileaks, and you’re playing right along with it. Some “activist” you are.
December 7, 2010 at 5:05 pm
Angus Johnston
Jeremy: My post isn’t intended to establish his guilt or innocence, it’s intended to establish the facts of the allegations against him, facts which have been widely distorted in the media.
Once again, I have no opinion on his guilt or innocence. I know enough about rape to know that rapists, rape victims, and false rape accusers behave in all sorts of ways. I wouldn’t presume to infer anything about Assange’s guilt or innocence based on those kinds of factors.
As for the revenge piece, I haven’t mentioned it because I consider it completely irrelevant. She didn’t write it, she linked to it, months before she ever met Assange. And the text of the piece itself is anything but a smoking gun.
As much as we’d all like to believe that we can surmise the truth or falsity of criminal charges on the basis of these kinds of tenuous clues, it’s my firm opinion that we cannot. They tell us nothing, and so I’m not interested in discussing them.
December 7, 2010 at 5:35 pm
Francisco Venancio
@Angus I don’t think we can be sure even about what allegations are being made. The wording is just to vague. When was this “express wish” voiced? At the time of intercourse or several hours before? The other woman was sleeping and did not wake up? Was she drugged?
I’m not in any way saying he is innocent. But the information of exactly what he is being accused of just isn’t there. Coupled with the previous dismissal of the exact same charges and the denial to accept Assange’s cooperation while he is outside Sweden makes me believe that the due process of law is not being respected here.
Also, in no way shape or form am I suggesting that sex without consent is not a crime. I’m just not exactly sure that the even accusation is that he had sex without consent. There seem to be situations that would not constitute as rape which could be described in this manner.
December 7, 2010 at 6:10 pm
Francisco Venancio
To me this article in the Guardian best described the situation:
http://www.guardian.co.uk/media/2010/dec/07/rape-claims-julian-assange
December 7, 2010 at 6:28 pm
Werner
Dear Angus Johnston,
You claim objectivity by repeatedly stating your posts aren’t “intended to establish his guilt or innocence” but only to “establish the facts of the allegations against him”. Still, you only quote the prosecution’s side, not the defending side. How is that “establish[ing] the facts”? That’s definitely how a judge or jury “establish[ing] the facts” would (/should) work.
Since there are many reasons to doubt the “rape” allegations are in fact highly doubtful (noticeably the tweets by at least one accuser), it’s not surprising (nor incorrect) for some of the media to report this in the matter they have. People who try to prosecute others for rape when it’s not the case are despicable and one of the big reasons some people don’t report rape when it actually *has* happened.
Of course no-one here or anyone else knows whether he is guilty of actual rape or not, except Julian Assange and the alleged victims. But the same goes for everyone who ever lived. Being critical on these allegations, especially with regards to the timing of the arrest warrant, is not only logical, it’s mandatory.
December 7, 2010 at 6:30 pm
Werner
Correction / Clarification:
“[…] That’s definitely how a judge or jury “establish[ing] the facts” would (/should) work.”
Should be:
“[…] Looking at both sides is how a judge or jury “establish[ing] the facts” would (/should) work.”
December 7, 2010 at 6:59 pm
JD
You discredit statements on the basis that they are from Assange’s lawyers, and hence are Assange’s version of events.
Yet the charges are purely the women’s version of events, so they should not carry additional weight at all.
This is still a case of “he said” “she said” – one person’s opinion against another’s.
Note too that the women have not charged Assange with unconsensual sex – just unconsensual body weight pinning, then said they wanted a condomn used – somewhere along the way they agreed to sex, albeit conditional.
Both Assange and the women’s version of events, show agreement to sex. One version of events attaches conditions.
I too won’t comment on whether he is guilty or not. I too think if you want sex but only with a condom, and are forced without, then it’s a form of assault.
However, it is absolutely not rape – completely unconsensual sex – and I find it extremely offensive and underrmining of actual rape victims that it is being equated to rape.
December 7, 2010 at 9:30 pm
Angus Johnston
Werner JD: I discounted the claims of Assange’s lawyers because Assange’s lawyers are not reliable sources on the subject of what the accusers and prosecutors contend, and were being held out as such.
Go back and read the original post. Look at what it’s about. It’s about two claims that Assange’s lawyers made — that prosecutors believed that the sex had been consensual, and that Assange was was only being charged with “sex by surprise.” I doubted both of these claims, and today’s events have proven them both false.
Question one is “what is he accused of?” Question two is “is he guilty?” You can’t get to question two without answering question one honestly, and 90% of what I’ve written here has been directed at question one. Where I’ve discussed question two, it’s mostly been from the perspective of rebutting what seem to me to be deeply flawed attempts to impeach his accusers’ testimony.
December 7, 2010 at 9:32 pm
Angus Johnston
Also, JD: Rape is rape. If you’re having sex with someone when you know they don’t consent or don’t have the capacity to consent, you’re raping them.
When someone says “stop,” you stop. Period. Anything else is rape. Period.
December 8, 2010 at 6:52 am
Sex That Turns In To Rape « Past the Hurt
[…] know, I know. I’ll get back to my personal life in a second. But first – read this. On the case of Assange rape […]
December 8, 2010 at 8:04 am
Revisionist History
Angus,
The reason very few trust you is as simple as this…
Your update says: “They claim that he used his body weight to hold one woman down during a non-consensual sexual act”
The link from which you fashioned your update says:
The court heard Assange is accused of using his body weight to hold her down in a sexual manner.
Why did you suspiciously change from “sexual manner” as that is very different from “non-consensual sex act”????
December 8, 2010 at 9:35 am
Angus Johnston
I’ve just deleted a comment from this thread for the first time. In case you were wondering, yes, “ALL arguments need to be debated, despite whether your vagina approves of the person making them” violates this site’s “don’t be a jackass” comments policy.
https://studentactivism.net/comments-policy/
December 8, 2010 at 9:36 am
Angus Johnston
Revisionist: I considered it a fair paraphrase, given the context. You’re welcome to disagree, and anyone is of course welcome to check my sources.
That’s why I link to them.
December 8, 2010 at 10:16 am
Jackie
Please. Get your facts straight. And Assange is innocent until proven guilty, by the way. Angus, so much of what you have written in your post re: Assange’s charges has been useless and incorrect. You seem to assume repeatedly that the two women are telling the whole truth without being critical of their versions of the events and the circumstances surrounding their allegations. That doesn’t make your blog worth reading, so please, for your readers sake and your own, develop some critical thinking skills.
Read this report from Reuters if you really care about this issue and knowing the truth about the nature of the allegations against Assange… this is one of the only credible reports on the case so far:
http://www.reuters.com/article/idUSTRE6B669H20101207?pageNumber=1
In addition, there are numerous reasons to be suspicious of the two women’s allegations. Here are a couple of credible reports:
When it comes to Assange rape case, the Swedes are making it up as they go along – http://bit.ly/hBBc5n
Revealed: Assange ‘rape’ accuser linked to notorious CIA operative http://t.co/qp9MUmT
December 8, 2010 at 2:40 pm
Angus Johnston
Jackie, as I’ve said about a dozen times now, I haven’t assumed anything about whether Assange’s accusers are being truthful, and I defy you to quote anything I’ve written that makes such an assumption.
More generally, I’ve written a follow-up piece on questions of guilt and innocence, and on what justice would mean for Assange and his accusers:
https://studentactivism.net/2010/12/08/guilt-innocence-and-justice-in-the-julian-assange-case/
December 8, 2010 at 3:38 pm
Revisionist History
@Angus,
But of course throwing redneck tosspot out their first is sooo NOT jackass.
And by the way, paraphrase doesn’t mean “change the meaning”. Links are not absolution. They are reference
December 8, 2010 at 5:49 pm
Doug1
If a woman says not without a condom, and it puts one on, and it breaks — if she doesn’t then tell him to stop, it’s not rape. For one thing he might not know it’s broken until after the fact. It would obviously be totally unfair to call that non consent. Even if they both knew it had broken, she might well have gotten so into him that she want sex to continue anyway. If she doesn’t say no, because it broke, stop — then it’s not rape either. She’s likely changed her mind. Happens all the time in sex. Part of why she might have is because the damage, if any, is done. His semen is already inside her. Why is it all up to him, because of some statement she made some white ago, that didn’t even consider what the “if the condom breaks” scenario. That would be an absurd transfer of 100% of responsibility onto him. She must say no after the breakage or it’s not rape.
Similarly if a girl says “not without a condom” as they’re undressing, and they fondle and kiss and finger and get hot, and after a while she lets spreads her legs and lets him put it in without a condom on, then he can reasonably believe she’s changed her mind as he has in the heat of the moment. It feels so much better without a condom. If she’s on other birth control, this happens all the time in the real world.
If her mind changes from yes to no at the last second, or even during intercourse, all feminists will tell us that that he must stop. It’s the last state of her will before having sex that matters, not what she said or indicated some while before. All of us with much experience with different women in casual sex know that many, many times, actually most of the time, a woman’s mind changes from no or probably not yet to yes at or near the last minute. It’s the same thing in the case of “not unless condom” some while before the heat builds up, to “oh ok, do it anyway, it’s hotter without”, at the last moment.
He’s not her patriarch. He doesn’t have fiduciary duties to look out for her best interests in all things regardless of his own, and reduce all risk to her. He has a duty to not have sex with her against her expressed will. Minds can and do change — all the time where having first sex is concerned. It’s up to her to say no as he’s about to begin without a condom. Spreading her legs wide to him then doesn’t communicate no. That’s what Assange’s side said was the case with the woman that didn’t involve a breaking condom.
These are two different issues. They may or may not be connected, other than because Assange has become very high profile. He’s high profile for feminists too and their extreme Swedish laws — which make lower level rape, still punishable by 4 years in jail, any consensual sexual intercourse where consent was arguably obtained when she was in emotional distress. So says the BBC:
http://www.bbc.co.uk/news/world-europe-11946652
December 8, 2010 at 7:46 pm
JFW
Doug, your reading skills are as suspect as your social skills.
One woman DID say no after the condom broke. He didn’t stop.
The other woman said that no condom was a deal breaker, and awoke to find that intercourse was taking place without a condom. He was breaking a condition that she set prior to any sort of intercourse.
Your childish fantasies that women “prolly change their minds cuz’ teh sex is so hot” are self-indulgent, cringe-worthy justifications for careless, predatory behavior.
December 8, 2010 at 8:25 pm
princess_pow
Doug1: if a woman says “no” at any point, STOP.
Relying on her changing her mind as long as you plough ahead and ignore her means you’re either already a rapist, or you’re soon going to find yourself accused. That is the “real world”.
December 9, 2010 at 2:00 am
Thomas Hamilton
“..Julian lives in [Ms. A’s] flat from 11 August until 19-20 August. During this time Julian and [A] have sex. Around 18-19 August [A] gets a call from a woman wanting to speak to Julian. When [A] realises that Julian’s also had consensual sex with this woman, something happens..”. Read on if you care…
Assange Case: Evidence Destroyed Over and Over Again
http://rixstep.com/1/20101001,01.shtml
Assange: Aftonbladet’s ‘Inside Story’
http://rixstep.com/1/20100914,00.shtml
December 9, 2010 at 2:40 am
Michael
Though it’s nice that you want the actual charges listed and are advocated fairness, your posts miss the point. If it’s true that assange raped these women, he deserves punisment. However, if he didn’t rape anyone and this is a ploy to attack wikileaks, it will work since the questioning on rape charges alone allows for arrest and grounds to get a warrant for all his online activity and a freeze on all of it even though there is probably no standing for the courts to otherwise interfere with wikileaks. Thus, for supporters of the principal of wikileaks, there is no winning situation. Either assange is a deviant and his site gets shut down, or he’s innocent and his site gets shut down during the investigation with no guarantee that it can be restarted after.
December 9, 2010 at 7:23 am
Fiona
lol Angus writes the only reasonable post on the internet regarding this scandal and gets flooded with hate comments. Great job everyone.
December 10, 2010 at 12:35 am
Doug1
Princess Pow–
Doug, your reading skills are as suspect as your social skills.
One woman DID say no after the condom broke. He didn’t stop.
Not buying certain aspects of radical feminism (such as men should in effect be considered when accused of any sex related offense until proven guilty) is /= lack of social skills. And well, I seem to generally have done rather well with smart hotties of the female persuasion. Not so much with rad feminists though, alas.
Moving past your ad hominims (have done more than fine with smart hotties and am living with a lovely girl now), as to you second sentence – that’s what she says. She says it after talking to her friend who she knew might know how to get in contract with Assante since she’d helped organize his talks in Sweden, having only talked to him on the net. Then the both learned he’d slept with the other with a couple of days with each other. Both were worried after the fact at least about the condom issue ( though more the second woman).
It’s not what he says. he says he and woman #2 went out to breakfast together afterwords — and that since he was having trouble accessing his credit cards for some Wikileaks related reason (his visit to Sweden was a number of months ago in the summer i think), she bought him a return train ticket back to Stockholm, just as she’d bought him one to visit her in a town someways outside it.
Doesn’t exactly sound like a rape victim racked by a sense of violation, who hasn’t yet made up her mind whether to press charges, does it?
Note that Assange spent over a month in Sweden last summer after he was due to leave at the request of Swedish authorities while the two women’s stories and that of Assange were investigated and all were interviewed several times. A senior prosecutor decided there was no case here, and told Assange he was free to leave the country, which he finally did.
Then after the women lawyered up and probably got feminist pressure groups involved, they appealed within the prosecutors office and an new prosecutor issued not charges or an arrest warrant but a demand that Assange return to Sweden for more questioning.
In the US no prosecutor can demand a potential defendant come for questioning unless he’s been charged with a crime.
December 10, 2010 at 12:42 am
Doug1
*(such as men should in effect be considered guilty when accused of any sex related offense until proven innocent, because women so, so rarely misrepresent such things for a variety of reasons)
By the way, woman #1 is a big advocate of exacting revenge from men for dumping or cheating on her, people have dug up from her writings on the net. Well they did get it on the next morning as well, and then after the “trauma” of the broken condom episode, she invited him to a party with her. (Some trauma for her as well.)
December 10, 2010 at 11:30 am
Angus Johnston
Doug writes:
If her mind changes from yes to no at the last second, or even during intercourse, all feminists will tell us that that he must stop. It’s the last state of her will before having sex that matters, not what she said or indicated some while before. All of us with much experience with different women in casual sex know that many, many times, actually most of the time, a woman’s mind changes from no or probably not yet to yes at or near the last minute. It’s the same thing in the case of “not unless condom” some while before the heat builds up, to “oh ok, do it anyway, it’s hotter without”, at the last moment.
If most of your sexual experience is with women who had to be talked into it, your experience of sex is very different than mine.
But setting that aside, it’s not clear what point you’re trying to make here. It’s a woman’s — and a man’s — right to change her (or his) mind about sex, in either direction. If a “no” turns into a “yes” in a free and uncoerced and enthusiastic way, that’s great. Have some sex. Enjoy. But if a “yes” turns into a “no,” then the sex is over. Period.
Who would disagree with this? On what possible grounds could anyone disagree with this?
December 10, 2010 at 7:44 pm
Quora
What are the elements of the Swedish crime “sex by surprise”?…
There is no such crime as “sex by surprise.” This is dismissive slang for sex where the giver did not get explicit consent from the receiver, which may be considered rape or sexual assault, depending upon the law where the event occurred. In the case…
December 13, 2010 at 1:20 am
Gyongi
The Feminist misandrist truth exposed. For intelligent adults only. Not for children. See all the videos on youttube
http://www.manwomanmyth.com/file-sharing-links/
December 13, 2010 at 10:58 am
“Measuring” Rape and Assault Using the Violence vs. Consent Spectrum | Change Happens: The SAFER Blog
[…] to WikiLeaks founder Julian Assange, a lot of folks are once again talking about “what counts” as rape. If you […]
December 14, 2010 at 6:27 am
Doug1
Typical feminist shaming and illogical response to a very cogent, and real world accurate, argument.
Real world rape, as opposed to the rad feminist campus codes type in America and most of the rest of the Western world more so (notwithstanding hugely over the top Sweden in these areas) requires that the woman clearly communicate non consent, provided she was sober enough to do so. Being tipsy doesn’t make her incapable of saying no just because it loosens her inhibitions — that’s why most people including most women drink,whether they think of it in those terms or not.
Nor does her feeling “emotional coercion” if by that is meant things like social pressure from his friends, etc., make it rape anywhere but Sweden. If by “emotional coersion” it’s meant that he threatened to scar the face of her daughter (it’s not her that’s being directly threatened, so the harm to her would be under some understands “only” emotional), then sure, that’s rape.
Let’s be at least a little reasonable here feminists. It’s not only what’s ideal for women, but also what’s fair for men. Most first time sex that was preceded by months of courtship doesn’t begin with the girl articulating “please fuck me”. That doesn’t mean she doesn’t really like it if he’s good. On the other hand if she’s saying don’t, or please don’t, and doesn’t go all quite on that after they start kissing and she gets enthusiastic, well, that’s far from rape. That she might have reasons to change her mind a day or three later, when e.g. she discovers that he had another one night stand with her girlfriend only two days before — that doesn’t make it rape either.
Just because a woman gets pissed AFTER THE FACT and calls it rape under super feminists definitions of same (anything whatsoever not pleasing for her, in retrospect) doesn’t mean it was rape or anything close when it occurred.
False rape claims occur all the time these days. It’s and exercise of female feminist revenge power, not for rape but for the guy not acting in every way she wanted afterwards. Or to cover things up with boyfriends, friends and so on. There are countless cases.
This smells like another one.
In this day and age men are often far more hurt socially and emotionally even if they eventually are found not guilty or the case is finally dropped, than many women in borderline date rape cases are — despite feminist myth spinning lies to the contrary.
Guys feel emotional pressure from girls to have sex too of course. We never hear about that being rape, now do we?
December 14, 2010 at 6:29 am
Doug1
*that wasn’t preceded by months of …
December 14, 2010 at 6:29 am
Doug1
*doesn’t go all quiet …
December 14, 2010 at 6:35 am
Doug1
No does mean no of course. As long as the no doesn’t go quiet and become enthusiastic sexual participation. Lots of hot seduction happens that way. Maybe not so often when first sex happens after months of dating, or when the girl is a confirmed slut, strike that, sexual adventuress, with no ambivalence about going fast when it’s feeling hot. Plenty of girls do have initial ambivalence though — sort of a war between the forebrain and sexual urges hind brain — precisely when it’s happening fast BECAUSE it feels so hot.
This is the furthest thing from creepy coerced sex in actual fact. But it’s spun another way by many feminists if they have any reason after the fact to either want revenge, or have an anti slut defense with friends or a boyfriend. Etc.
December 14, 2010 at 7:04 am
Doug1
Michael–
If it’s true that assange raped these women, he deserves punisment.
Being just a tad simplistic aren’t you?
Oh sure, if he really clearly raped these women, he does deserve punishment. But that’s the whole point I’m making, it’s not in the least clear that he did. In fact after investing what the two women had to say and what Assange had to say about it over the course of more than a month when he interrupted his schedule and remained in Sweden at the prosecutor’s request, the senior Swedish prosecutor investigating the case determined there was nothing there and told him he was free to go.
But Sweden apparently leans WAY WAY over in the radical feminist definition of what date rape is.
I’m not at all sure that he’s balled back to Sweden because the US government got to the Swedish one. I don’t think the Swedes are that easily swayed by the US in this sort of area. Wouldn'[t help a Swedish government to be seen to be, that’s for sure. Much more likely to be swayed by feminist pressures.
Rather I think the connection with Assange’s coming under attack by the US and other governments, and some parts of the media at least in part, and his being called back to Sweden on this case, is that the two women and their lawyer and feminists groups backing them saw Assange as sufficiently weakened that they had more of a chance of getting cooperation form other Euro states on this out there arrest warrant on the evidence and given that the first prosecutor had dismissed the case.
What seems pretty clear from both sides telling the story is that 1) both women expressed the view that they wanted him to wear a condom before sexual activity began and 2) in both cases he began with one, but then in one way or another continued without one.
It also seems clear that both women offered and Assange accepted friendly and even romantic time together after the completion of sex without an intact rubber — in the first case because it broke and he continued, and in the second, because he had sex the next morning with girl #2 without a rubber. Woman #1 invited to a party with her the next evening and he went; girl #2 invited him out to breakfast with her, paid for it, and paid for his train ticket back to Stockholm from a town a ways outside it. Neither girl has denied this that we know of and it would be easy for the Swedish police to check before they told him he was free to leave the country. Presumably they did. If that’s true it’s inconsistent with any normal understanding of what rape is.
Further neither girl has that we know of that she told him no,not without an intact condom at a time near to where condomless sex occurred.
In other words the case of both women seems to be that if they every told him “not without a condom” that it’s rape if she stops saying that at a time close to when the morning condomless sex act occurs (woman #2) or after the condom broke (woman #1).
If either woman said or repeated very near the time of penetration, rather than way in advance as a sort of general and ideal policy statement, that it’s NO without a condom, then sure that’s a variety of rape. On the less severe side (no violence or even so far as we’ve heard any coercion at all, and she was eager to do it with him under most conditions), but it’s still criminal. If he infects her, especially if he knows he’s infected, that makes it way worse. It’s also way worse if he knows she’s not on other birth control. If she’d strongly resisted, emotionally underscoring her verbalized “no” so that it was much easier for him to emotionally understand, it would be a lot more serious, but still a no right at the time of sex clearly should be headed by men. No argument there.
But that doesn’t sound like what went down. Doesn’t sound like it at all.
In fact neither woman showed any indication of being pissed after the fact until they talked with each other and found out he’d done both of them within a couple of days of each other.
Seems mighty suspicious to me. But just the sort of thing the media tends not to talk about.
December 15, 2010 at 11:06 am
Violence vs. Consent? “What Counts” as Rape and Sexual Assault
[…] to WikiLeaks founder Julian Assange, a lot of folks are once again talking about “what counts” as rape. If you […]
December 16, 2010 at 1:27 pm
If You’ll Pardon the Presumption « zunguzungu
[…] not a trusted source of information on Assange’s accusers, especially since he’s the guy that made up the whole non-existent “Sex by Surprise” charge, which was so credulously repeated by an […]
December 20, 2010 at 2:38 am
Keith Olbermann Suspends His Own Twitter Account | BaptistIS.com
[…] crucial facts like the hair color of the women (blonde) and the clothes they wore (pink, tight), but it sounds like the sex was consensual on the condition that a condom was used. It also sounds like in one case, condom use was negotiated for and Assange agreed to wear a condom […]
December 21, 2010 at 3:00 am
Michael Moore’s Dismissal of the Julian Assange Rape Claims | Western Outlaw
[…] I’ve written before that there’s nothing particularly strange about the claims made against Assange, and that the public perception to the contrary is largely a result of misrepresentations proffered by Assange’s lawyers, combined with some deeply problematic reporting. […]
December 22, 2010 at 1:56 pm
Jesse Jane
Naomi Wolf hit the nail on the head. There are no charges. The women did NOT go to prosecutors and say “I was raped”. They engaged in repeated consensual sex with a man they invited into their bed. They then bragged about it on twitter, and threw him a party.
Attempting to transform the anti-rape trusim “no means no” into “any sexual ambiguity is rape, if someone says so on a blog” is a recipe for rape trivialization.
Rape is an act of violence, not sex. Assange is NOT accused of force, coercion or using drugs/alcohol to violate consent. In fact, according to the reports in the UK Guardian, the women did NOT claim they were forced, or that they had sex under duress.
Trying to change the goal posts of consent away from “no means no”, to say that it’s rape even when there was not even a claim of forced sex or consent is outrageously stupid. It blurs the line so that normal sexual ambiguity becomes a police matter, and if you trust the police/courts to manage intimate behavior you just aren’t paying attention.
The fact is that this gray area exists, and will continue to exist. If women are uncomfortable with sexual ambiguity, my advice is simple. Don’t get into bed naked and have sex with men you don’t want to get into bed and have sex with. If you are in such a situation, firmly say “no” and remove yourself from the situation. If you can’t do that, I’m surprised anyone would think its a criminal matter.
Naomi Wolf had real courage to stand up for a universal standard of justice and the “moral adulthood” of women. In an obvious smear campaign designed to discredit a journalist who’s life is actually in danger, conflating the attempt of these women to impose blood tests on a man with his non-existent act of “rape” totally and completely trivializes sexual violence against women and the very word “rape”.
In some circles, saying you “feel raped” may suffice to put a man in prison and have his life destroyed: but that isn’t anything like justice. It’s establishing a criteria for criminal action that is untenable. To any sane person, getting naked in bed with a man and (according to the reports) agreeing to have sex with him is the very definition of consent.
Bullying people into compliance with ridiculous notions of consent, such as the idea that it can be retroactively withdrawn (eg, ‘I agreed to have sex, but it was half-hearted and now I feel raped…’ or, ‘he was insistent and it was easier to go along’) — these circumstances are CLEARLY not rape, even if they are unfortunate.
Demanding we take such ‘accusations’ seriously, including manufacturing “fucking her unconscious” or “sex without a condom is rape” are a very bad idea. That’s not what the women reported. But for some reason, some so-called ‘feminists’ keep claiming this is the case, enabling a vicious smear campaign to equate assange with “rape” despite no woman EVER saying “he raped me” or “he forced me” or “I was fucked unconscious” or “I was afraid.”
Nope, none of that. But don’t let that slow your roll. Obviously accusing a man of rape is no big deal, even when this is a blatant smear campaign using tenuous allegations of (possibly) impolite behavior. If you actually think that’s rape, you should make sure to never have sex with someone unless you have a notarized, written consent form saying “after you touch my breasts, then you may be allowed to kiss my neck, because I am a delicate little flower who can’t have sex like a grown up.”
January 11, 2011 at 4:34 pm
teeater
sorry, but somehow… I ask for apologies but I find it extremely hard to treat the overall case seriously.
listen. this world has definitely some serious rape topics needing debate. for example, the use of rape in war. for example, feel free to click on http://www.cbsnews.com/stories/2008/01/11/60minutes/main3701249.shtml to remind serious cases.
on contrary to rape cases, the assange case here is simply missing a case. we have nothing. dark blue air. result: international warrant for someone for a questioning? international warrant for someone who felt desire after waking up? c’mon, seriously. if I would run to the police because of every man i met more directly for the same reasons, I could spend my life with batches of legal texts on my desk (not a really interesting perspective).
feeling the need of a test is something you don’t clarify with the police. a broken condom is something that usually makes you ask yourself if your condom collection is really up do date.
there is no case here. there is a pretext for the legal machinery, used by the system now.
—
the argument for the extradiction hearing is here: http://www.reddit.com/r/WikiLeaks/comments/f05zy/assange_skeleton_argument_for_feb_7_extradition/?utm_source=twitterfeed&utm_medium=twitter
there is a comment mentioning that a sentence is missing in the media. there is no extradition needed if you want to ask some questions. why does’t the swedish prosecutor ask them in England?
January 30, 2011 at 8:15 am
David Greenhalgh
Well made argument Jesse Jane. Now let’s get out of the fug and start analyzing the real issues here which is what we are, rather successfully, being sidelined from.
February 1, 2011 at 3:01 am
Some thoughts on “sex by surprise” « womensphere | Western Outlaw
[…] like the hair color of the women (blonde) and the clothes they wore (pink, tight), but it sounds like the sex was consensual on the condition tha…. it also sounds like in one case, condom use was negotiated […]
March 10, 2011 at 4:41 pm
Kasper Hviid
Angus, thank you for a very important article. It made me understand how wicked the defences of Assange is. Someone should create a feature-length documentary about it, featuring Michael Moore and Naomi Wolf.
March 14, 2011 at 12:09 pm
brenden
i like it but how do you get to see ausuel sex
April 25, 2011 at 6:47 pm
Teresa Jones
decided to go with
November 10, 2014 at 12:03 pm
Violence vs. Consent? “What Counts” as Rape and Sexual Assault
[…] to WikiLeaks founder Julian Assange, a lot of folks are once again talking about “what counts” as rape. If you […]
March 16, 2015 at 5:25 am
Assange, rape, and Ecuador | Edinburgh Eye
[…] Johnston on Julian Assange: Condoms, Rape, and “Sex By Surprise” – Update, 7th December 2010: The Swedish authorities have released details of the allegations against Assange. They claim that […]