Wednesday Update | A representative of the Swedish prosecution team is forcefully rebutting the Assange defense’s definition of consent in today’s hearing. Click here for ongoing coverage.
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Wikileaks founder Julian Assange is in a London court today, contesting an order that he be extradited to Sweden to face allegations that he raped two women there last year.
Assange’s attorneys are contending that the extradition order is invalid because the actions alleged are not criminal under English law. In doing so, they appear to be conceding the sincerity of at least some of those allegations. “Nothing I say,” Assange lawyer Ben Emmerson told the court this morning, “should be taken as denigrating the complainants” or to “trivialize their experience.” His arguments should not be construed as disputing that they honestly consider Assange’s behavior “disrespectful” or “disturbing,” he said, or that Assange “push[ed] at the boundaries of what they felt comfortable with.”
Emmerson went on to provide accounts of the two encounters in question which granted — for the purposes of today’s hearing — the validity of Assange’s accusers’ central claims. He described Assange as penetrating one woman while she slept without a condom, in defiance of her previously expressed wishes, before arguing that because she subsequently “consented to … continuation” of the act of intercourse, the incident as a whole must be taken as consensual.
In the other incident, in which Assange is alleged to have held a woman down against her will during a sexual encounter, Emmerson provided this summary of the allegations: “[The complainant] was lying on her back and Assange was on top of her … [she] felt that Assange wanted to insert his penis into her vagina directly, which she did not want since he was not wearing a condom … she therefore tried to turn her hips and squeeze her legs together in order to avoid a penetration … [she] tried several times to reach for a condom, which Assange had stopped her from doing by holding her arms and bending her legs open and trying to penetrate her with his penis without using a condom. [She] says that she felt about to cry since she was held down and could not reach a condom and felt this could end badly.”
As in the case of the first incident, Emmerson argues that subsequent consent renders the entire encounter consensual, and legal.
While Emmerson was not vouching for the accuracy of these accounts but merely offering them as summaries of the charges against his client, his introductory statement, excerpted above, was striking in its tone and approach:
“Nothing I say should be taken as denigrating the complainants, the genuineness of their feelings of regret, to trivialise their experience or to challenge whether they felt Assange’s conduct was disrespectful, discourteous, disturbing or even pushing at the boundaries of what they felt comfortable with.”
At a minimum, such language would seem to preclude two of the defenses that have previously been offered by Assange defenders — that the complainants were merely spurned lovers or government plants concocting fantastical stories for their own purposes.
• • •
Selected previous Assange coverage:
- Guilt, Innocence, and Justice in the Julian Assange Case
- Assange Accuser’s Only Interview Mostly Ignored By US/UK Media
- First Thoughts on Naomi Wolf’s BBC Interview
- Why Naming Names is a Problem Even When the Names Have Been Named
- Naomi Wolf Still Peddling Falsehoods About Assange Assault Case
Note | This post has been edited to further clarify the distinction between Emmerson’s own descriptions of Assange’s behavior and his summaries of the allegations against his client. The core arguments of the piece remain unchanged.
17 comments
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July 12, 2011 at 11:37 am
Sofie
Thank you for this. With the News International debacle dominating headlines I’d have missed it completely and I’m sure I’m not the only one.
Time for some major re-education of prominent British ‘leftists’ who were perfectly happy to declare the charges were fabricated from the beginning…
July 12, 2011 at 12:37 pm
barry
Your article is right wing blinkered rubbish.
http://www.guardian.co.uk/media/2011/jul/12/julian-assange-extradition-live-coverage
“after a while Assange asked what AA was doing and why she was squeezing her legs together. AA told him that she wanted him to put a condom on before he entered her. Assange let go of AA’s arms and put on a condom which AA found her.”
So whats the probem with that then? He likes it a little bit rough, unless she says no its tantamount to saying go ahead. As far as he knew she could be playing a little hard to get. What woman doesnt from time to time?
As for penetrating the other while she slept, she woke up… and i think that was probably the idea of poking her in the first place. The were clearly on very comfortable terms with one another at that stage. ie shes sleeping completly naked beside him. Again did the woman say no, stop or im not comfortable with this?
And as for the legal barrister speak… your making something out of nothing right there. Have you ever been to the high court?
July 12, 2011 at 12:54 pm
Angus Johnston
Barry, if you think that holding a woman’s arms down and using your legs to prise hers open while she’s struggling to keep them closed is a legitimate seduction technique, I’d like to suggest that you never have sex ever again.
As for the other allegation, the complainant had argued with Assange repeatedly the previous night over whether he would use a condom. By her account, he had tried to have sex with her without one twice in the previous few hours, and she had insisted that she would not have intercourse with him unless he used one. Then she woke up to find him fucking her. Without a condom.
If I tell you “Don’t do X,” and you wait until I go to sleep and do X while I’m sleeping, you’re doing X non-consensually. Whatever may happen later doesn’t change that fact.
July 12, 2011 at 1:07 pm
barry
She has a tounge in her head and can speak English. Why go to bed naked unless your guna screw.
As for your claims about the night before, whats your source Angus? I do like to read both sides of an argument before forming an opinion and i have yet to read such claims.
BTW the swedish have yet to file any charges to go with their warrant.
July 12, 2011 at 1:57 pm
Angus Johnston
Barry, she did say no. According to her complaint, she said no sex without a condom, he waited until she was asleep, and then he fucked her without a condom.
That account was reported in The Guardian, among other places. I blogged about this issue in detail here:
https://studentactivism.net/2010/12/20/naomi-wolf-on-julian-assange/
July 12, 2011 at 3:01 pm
barry
We may never know the full facts in a fair and unbiased court. I expect that JA will win his legal challenge, he has the best legal council money can buy, barring new evidence the high court will deem the warrant unacceptable. The case will be dropped by the swedes as I believe their equivalent of a public prosecution service will know full well that any future conviction that would result in a custodial sentence is unlikely in the extreme. I also believe that the US will or already has drop their interest in JA so the case for a further extradition to America will not present itself, the reason for this being that the world is a very different place today than it was when wikileaks appeared on the scene.
More importantly the US has learned that they cant arrest the growth of an open network, they now know its bigger than one man and thats what this is all about. The US have got Bradley Manning he will be the unfortunate fall guy but history will show what BM did what was in the interests of democracy both at a national and international level. Wikileaks will continue to break news with the aid of whistle blowers. Anonymous will continue to maintain the openness of the internet. The way we consume media will be enhanced by the digital plurality of open networks such as twitter. The Arab spring and events closer to the west such as at news international are demonstrating the power of the open network against orwellian influences. The days of nasty behaviour being successfully swept under the carpet by big government and corporate entities are thankfully coming to an end.
July 12, 2011 at 6:52 pm
NoBigGovDuh
First, some people enjoy waking up to sex. Provided your not passed out due to drug or alcohol and there is an expectation that it would be welcomed, it is not rape. They had sex that night previous to that particular incident.
In the second incident, all i have to say is that people cannot read minds. You have to say no…
Twisting around can be interpreted as being playful in a sexual way. For gay men the twisting thing would be more of a signal that they might want to be in a diff position.
July 12, 2011 at 7:32 pm
NoBigGovDuh
Wow you left out a sentence in that quote of what was said, you little slime ball!
YOU PUBLISHED:
Assange wanted to insert his penis into her vagina directly, which she did not want since he was not wearing a condom … she therefore tried to turn her hips and squeeze her legs together in order to avoid a penetration …
THE ARTICLE ACTUALLY SAYS:
Assange wanted to insert his penis into her vagina directly, which she did not want since he was not wearing a condom … >>She did not articulate this.<< Instead she therefore tried to turn her hips and squeeze her legs together in order to avoid a penetration …
FURTHER THE ARTICLE GOES ON TO SAY:
But crucially, Emmerson said, there was no lack of consent sufficient for the unlawful coercion allegation, because "after a while Assange asked what AA was doing and why she was squeezing her legs together. AA told him that she wanted him to put a condom on before he entered her. Assange let go of AA's arms and put on a condom which AA found her."
JUST WOW, ROT IN HELL!
July 12, 2011 at 8:30 pm
Helen
To (yet again) address the “devastating” “why would you go to bed naked if you ain’t gunna screw” argument: Both women understood they would have safe sex, which was obviously necessary given Assange’s promiscuity. He then switched to a request for bareback sex. To refuse same was logical, rational and responsible.
July 12, 2011 at 8:45 pm
Angus Johnston
NBGD, I was quoting Assange’s defense attorney. The part I left out of the middle was his editorializing about something the complainant didn’t do. As you note, I linked back to the original source, much as you yourself did when you snipped this sentence:
“[She] says that she felt about to cry since she was held down and could not reach a condom and felt this could end badly.”
As for what came after, I summarized it. But if you think that spelling it out — specifying that he, “after a while” of pinning her arms and attempting to force her legs open so he could fuck her, finally gave up and asked her why she was resisting him — if you think that detail makes him look better than my reference to her “subsequent consent,” well …
I guess we’ll mark it down as duly noted.
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