More Documents Released by WikiLeaks

catefrances

http://www.slate.com/id/2276892/

Is "Sex by Surprise" Illegal in the United States?



How would the alleged Swedish sex crimes of WikiLeaks founder Julian Assange fare in an American court?
By Jessica Grose

Julian Assange's lawyer told AOL News on Thursday that the WikiLeaks founder has been charged with "sex by surprise" in Sweden. Though the lawyer says he doesn't know what "sex by surprise" means, the Swedish prosecution office announced that they are charging Assange with "rape, sexual molestation and unlawful coercion." These charges allegedly stem from consensual sexual encounters with two separate women that became nonconsensual at some point during the act. If this had happened in the United States, could Assange have been charged with a crime?

Possibly. The traditional common-law rule is that there needs to be both lack of consent and the threat of physical force in order for a sexual violation to constitute rape. By that standard, Assange might be in the clear if his alleged activities took place in the United States (and if no violence was involved). But in some states, lack of consent can by itself serve as the basis for a rape charge. The exact circumstances under which a woman might revoke her consent varies: In Illinois, for example, it is considered rape if a woman says "no" at any time during sex and her partner does not stop. Other states are vague on the question of whether someone can change her mind after penetration has occurred. And some courts have been very clear that consent is locked in once intercourse has begun.

catefrances

http://www.aolnews.com/world/article/se ... e/19741444



'Sex by Surprise' at Heart of Assange Criminal Probe


(Dec. 2) -- The international manhunt for WikiLeaks founder Julian Assange in a sex-crime investigation in Sweden apparently stems from a condom malfunction.

Assange's London attorney, Mark Stephens, told AOL News today that Swedish prosecutors told him that Assange is wanted not for allegations of rape, as previously reported, but for something called "sex by surprise," which he said involves a fine of 5,000 kronor or about $715.

Assange is the subject of an international manhunt, as a result of Interpol issuing a "red notice," a warrant indicating the person should be arrested with a view to extradition.


'Sex by Surprise' at heart of Swedish criminal case against Julian Assange
Julian Assange, founder of the WikiLeaks website, is wanted in a sex-crime investigation in Sweden.
"We don't even know what 'sex by surprise' even means, and they haven't told us," Stephens said, just hours after Sweden's Supreme Court rejected Assange's bid to prevent an arrest order from being issued against him on allegations of sex crimes.

"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. The prosecutor has not asked to see Julian, never asked to interview him, and he hasn't been charged with anything. He's been told he's wanted for questioning, but he doesn't know the nature of the allegations against him."

The strange tale of Assange's brief flings with two Swedish women during a three-day period in mid-August -- and decisions by three different prosecutors to first dismiss rape allegations made by the women and then re-open the case -- has more twists, turns and conspiracy theories than any of Stieg Larsson's best-sellers.

True, one of Assange's accusers sounds tailor-made for those who think Assange is being set up in Sweden by dark CIA-backed operatives who want him smeared or silenced for his document dumping with WikiLeaks. She's a 31-year-old blond academic and member of the Social Democratic Party who's known for her radical feminist views, once wrote a treatise on how to take revenge against men and was once thrown out of Cuba for subversive activities.

But others say Assange, who denies any wrongdoing and says the sex was consensual, may have just run afoul of Sweden's unusual rape laws, which are considered pro-feminist because of the consideration given issues of consent when it comes to sexual activity -- including even the issue of whether a condom was used.

In fact, the current prosecutor, Marianne Ny, who re-opened the case against Assange, has been active in the proposed reforms of Swedish rape laws that would, if passed, involve an investigation of whether an imbalance in power between two people could void one person's insistence that the sex was consensual.

Swedish tabloids and the country's blogosphere have been rife since August with stories and speculation about Assange's accusers, the flip-flopping prosecutors and just what, if any, crime was committed by Assange during sex with the two women.

"He's innocent, that I can tell you," Bjorn Hurtig, Assange's Stockholm-based lawyer, told AOL News today. Hurtig later issued a statement saying the international arrest warrant for Assange is based on "exaggerated grounds."

Assange arrived in Sweden on Aug. 11 to speak at a weekend seminar sponsored by the Social Democratic Party and arranged to stay at a Stockholm apartment belonging to the event organizer, a member of the branch of the party who would become one of Assange's two accusers.

According to a police report obtained by the Daily Mail in August, she and Assange had sex, and at some point the condom broke. While she was apparently not happy about the condom breaking, the two were seen the next day at the seminar, and nothing appeared amiss.

Another woman at the seminar, a 27-year-old art photographer, said in her police statement that she'd come to hear Assange's lecture because of her fascination with him and his work. She can be seen in video footage on the Internet sitting in the front row during Assange's lecture, wearing a pink sweater and snapping pictures of him.

According to the police report, the woman managed to get an invitation to go out for lunch with Assange and his entourage after the seminar. They spent time together before he went back to stay at the event organizer's apartment.

Two days later, on Aug. 16, they reconnected by phone and the woman invited him to her apartment, more than 40 miles outside Stockholm. She paid for the ticket since Assange apparently had no cash and doesn't like to use credit cards because they could be traced.

She complained in her police statement that during the train ride to her hometown, "he paid more attention to his computer rather than me." She also said that by the time they arrived at her apartment, "the passion and excitement seemed to have disappeared."

The woman and Assange also reportedly had sex. According to the Daily Mail account, Assange did not use a condom at least one time during their sexual activity. The New York Times today quoted accounts given by the women to police and friends as saying Assange "did not comply with her appeals to stop when (the condom) was no longer in use."

According to the Swedish tabloid Aftonbladet, the photographer contacted the other woman two days after her assignation with Assange, and the two apparently had a conversation in which it became clear they had both had sex with Assange. The photographer was worried about having had unprotected sex and decided she wanted to go to the police.

The other woman accompanied her to the police station on Aug. 20 just to support her but then told the investigating officer on duty that she, too, had had sex with Assange, Aftonbladet reported.

Based on what was said to police, the on-call prosecutor, Marie Kjellstrand, decided to issue an arrest warrant on charges of rape and molestation, and the next day the story hit the Swedish paper Expressen and newspapers all over the world.

Kjellstrand's decision was overruled the following day by a higher-level prosecutor, Eva Finne, who withdrew the arrest warrant and said she did not see any evidence for rape allegations.

Then, on Sept. 1, a third prosecutor, Ny, re-opened the rape investigation, implying that she had new information in the case.

On Nov. 18, Swedish judicial officials approved a prosecutorial request that Assange be detained for questioning for alleged sex crimes, and on Nov. 30 Interpol issued a "red notice" against Assange for alleged sex crimes in Sweden. Despite what has happened, the woman who organized the event and had Assange stay at her apartment told Aftonbladet that she never intended that Assange be charged with rape.


"It is quite wrong that we were afraid of him. He is not violent, and I do not feel threatened by him," she told the newspaper in an interview that did not identify her by name. "The responsibility for what happened to me and the other girl lies with a man who had attitude problems with women."

When the second accuser was reached on her mobile phone today by AOL News, she said simply, "I have nothing to say on the matter."

Stephens, Assange's lawyer, said that even though British police know Assange's whereabouts -- reportedly in southeastern England -- they have not yet arrested him because of the inadequacy of the arrest warrants issued by Sweden.

"The Swedes couldn't even produce another warrant today that was valid," Stephens told AOL News. "The police here sent it back."

Thoughts_Arrive

It is a bulls**t reason, any reason to lock him up.
Democracy is dead.

catefrances

Thoughts_Arrive wrote:

It is a bulls**t reason, any reason to lock him up.
Democracy is dead.

the charge apparently doesnt come with a custodial sentence. but i suspect it might be easier for the US to extradite him from sweden. who the fuck knows... as you said its a bullshit reason/charge.

nuffingman

I wonder how long it will be before the reason for the rape charge is leaked. Sounds like a stitch up to me. And the Wikileaks site has a major cyber attack.

Total bullshit!

cajunkiwi

http://www.salon.com/news/wikileaks/ind ... /wikileaks

An interesting article about the "effects" of the Wikileaks... er... leaks.

In summary, they're only releasing a fraction of what they have, and even then it's only after it's all been looked at by five major newspapers and had redactions applied. Wikileaks also went to the U.S. embassy in London to ask for help with the redactions, but was rebuffed.


And also, to be filed under "Misplaced Priorities" (like people getting mad at Julian Assange and calling for his execution while not worrying at all about the things he exposed), comes this gem: Visa and Mastercard have suspended operations with Wikileaks, but they are continuing to process payments made to the KKK.

ONCE DEVIDED

Thoughts_Arrive wrote:

It is a bulls**t reason, any reason to lock him up.
Democracy is dead.

Its only dead if we let em

Fuck the politicians and their lying ways.
If he goes down with the rape charge others will stand up after him. he only is the face of the group.

Byrnzie

This is a stitch-up. No doubt about it. The U.S has been pressuring it's lapdog Britain to arrest him so he can then be extradited to Sweden on these bullshit charges. The Swedes will then probably extradite him to the U.S where he can be charged on the matter of the leaked documents and permanently silenced. Fucking disgusting. This is the sort of thing that used to occur in Stalinist Russia.

http://www.guardian.co.uk/media/2010/de ... enied-bail


Julian Assange denied bail over sexual assault allegations

Judge fears WikiLeaks founder – who denies all charges – has 'means and ability' to abscond


Caroline Davies, Sam Jones and Afua Hirsch
guardian.co.uk, Tuesday 7 December 2010


Julian Assange Julian Assange arriving at Westminster magistrates court. The WikiLeaks founder's request for bail was denied. Photograph: Stefan Rousseau/PA

The whistleblowing website WikiLeaks said last night it would not to be gagged by the imprisonment of its founder, Julian Assange, after a judge refused him bail at a dramatic extradition hearing in London.

Assange, 39, who is wanted in Sweden over claims he sexually assaulted two women, was in Wandsworth prison last night after district judge Howard Riddle ruled there was a risk he would fail to surrender if granted bail. Assange denies the allegations.

Despite Jemima Khan, former wife of Pakistan cricket captain Imran Khan, the campaigning journalist John Pilger, the film director Ken Loach and others offering to stand surety totalling £180,000, the judge said the Australian Assange's "weak community ties" in the UK, and his "means and ability" to abscond, represented "substantial grounds" for refusing bail.

He was remanded until 14 December, when the case can be reviewed at the same court. His legal team said he would again apply for bail at that hearing.

Last night Kristinn Hrafnsson, a spokesman for WikiLeaks, confirmed it would continue publishing US diplomatic cables. In a statement he said: "This will not stifle WikiLeaks. The release of the US embassy cables – the biggest leak in history – will still continue. We will not be gagged, either by judicial action or corporate censorship."

WikiLeaks volunteers met in London last night to finalise plans for how the organisation would operate without Assange. The majority of staff would continue to work on the publication of the US embassy cables while a small group concentrates on campaigning for his release.

WikiLeaks staff will today move into a London office, having spent weeks commuting between the capital and the home counties bolthole from which Assange has been co-ordinating the release of the leaked cables. Staff had been required to take elaborate measures to ensure they were not followed to Assange's location and use of mobile phones was banned to avoid detection.

A WikiLeaks source said last night that Assange had been unprepared for being taken into custody, expecting that he would be granted bail. "We thought he'd be out. All he's got is the suit he was sitting in the box in," the source said.

The source added that although Assange was exhausted, he remained "together, positive and strong" after he was refused bail. It is understood his lawyers have requested that he be held alone.

The refusal to grant Assange bail came on a day when increasing pressure was brought to bear in the US on companies and organisations with ties to WikiLeaks.

As Joe Lieberman, chairman of the Senate's homeland security committee, urged businesses to sever their ties with the website, Visa suspended the payment of donations to the website through its credit card.

Asked about the New York Times's role in publishing the leaked cables, Lieberman told Fox news the newspaper "has committed at least an act of bad citizenship. Whether they have committed a crime I think bears very intensive inquiry".

Michael Mukasey, a former US attorney general, said last night that American lawyers should try to extradite Assange to the US for betraying government secrets. "If I was still in charge there would have been an investigation," he told the BBC's Newsnight. "This is a crime of a very high order. Julian Assange has been leaking this information. He came into possession of it knowing that it was harmful."

Mukasey, who stepped down from the post of attorney general last year, implied that the Swedish sexual accusations may only be a holding charge. "When one is accused of a very serious crime," he said, "it's common to hold him in respect of a lesser crime … while you assemble evidence of a second crime."

Assange, wearing a black suit and open-necked white shirt, stood in the glass-panelled dock at Westminster magistrates yesterday as more than 50 journalists from around the world packed into the well and more than 20 supporters and friends crammed into the public gallery. Outside, the pavement was swallowed up as more photographers and camera crew jostled with protesters gathered at the building's main entrance.

After the ruling – with supporters waving A4 printouts reading "Character Assassination" and "Protect Free Speech" – his solicitor, Mark Stephens, emerged from court to claim the prosecution was "politically motivated" and pledged WikiLeaks would not be cowed. Assange was entitled to a high court appeal, he said, adding the judge was "impressed" with the number of people prepared to "stand up" on his client's behalf. "[Those supporters] were but the tip of the iceberg," he said. "This is going to go viral. Many people believe Mr Assange to be innocent, myself included. Many people believe that this prosecution is politically motivated."

Pilger, who told the judge he knew Assange and had "very high regard for him", said outside court: "Sweden should be ashamed. This is not justice – this is outrageous."

Assange was arrested by appointment at a London police station at 9.20am after a European arrest warrant was received by the Metropolitan police extradition unit yesterday. He appeared in court at 2pm, where he spoke to confirm his name and date of birth and to tell the court: "I do not consent to my extradition."

There was confusion when he initially refused to give an address except a Post Office box number. When told this was unacceptable, his lawyer, John Jones, read out an address at 177 Grantham Street, Parkville, Victoria, Australia. Assange is wanted in connection with four allegations including of rape and molestation.

Gemma Lindfield, for the Swedish prosecutors, said the first involved complainant A, who said she was the victim of "unlawful coercion" on the night of 14 August in Stockholm. The court heard Assange is accused of using his body weight to hold her down in a sexual manner.

The second charge alleged Assange "sexually molested" Miss A by having sex with her without a condom when it was her "express wish" one should be used.

The third charge claimed Assange "deliberately molested" Miss A on 18 August "in a way designed to violate her sexual integrity". The fourth charge accused Assange of having sex with a second woman, Miss W, on 17 August without a condom while she was asleep at her Stockholm home.

Lindfield argued there was a "high risk of flight" because of Assange's "lifestyle, connections and potential assets".

He had access to funds, through PayPal donations to the WikiLeaks website, had a "network of international contacts", lived a "nomadic" lifestyle, and spent his time in "hiding", she said. The court later heard that for the past three weeks he had been staying at a UK address, and before then had spent two months living at the Frontline media club in Paddington.

There was no record of him entering the UK in the first place. He had displayed an unwillingness to co-operate, refusing to be photographed, fingerprinted or give a DNA sample on arrest, she added.

No details were given about the strength of evidence, with Lindfield saying it "is not a factor in relation to bail". She also opposed bail for reasons of his personal safety, saying if granted "any number of unstable persons could take it upon themselves to cause him serious harm".

"This is someone, simply put, to whom no conditions, even the most stringent conditions, could be imposed that would ensure he surrendered to the jurisdiction of this court," she said.

John Jones, lawyer for Assange, said the case must be "shorn of all political and media hysteria" associated with WikiLeaks. Assange was of previous good character, and had voluntarily handed himself in to Kentish Town police station in London. His refusal to be photographed, fingerprinted or give a DNA sample was on legal advice.

He had stayed in Sweden for 40 days after the allegations were made to answer the charges and only left the country after being given "express permission" by the Swedish prosecutor.

Since he arrived in the UK he had "consistently agreed to talk to the Swedish authorities". His defence fund had been frozen, and he would be "instantly recognised" if he tried to leave the country, said Jones. "He resists extradition as it is disproportionate to extradite someone under these circumstances. There has been every indication that the point of this warrant is to get him back for questioning."

The judge said the warrant did state it was for prosecution.

Others offering surety were Professor Patricia David, and the lawyer Geoffrey Sheen, president of Union Solidarity International, who both said although they did not know Assange they were concerned about human rights. An unnamed relative of Assange offered £80,000.

But Judge Riddle said: "The nature and strength of the evidence is not there, this is normal at this stage in proceedings. What we have here is the serious possible allegations against someone with comparatively weak community ties in this country. He has the means and ability to abscond if he wants to and I am satisfied that there are substantial grounds to believe if I granted him bail he would fail to surrender."

Downing Street said Assange's arrest was "a matter for the police" and there had been no ministerial involvement.

Unlike the UK, Swedish rape law is not based on consent but on the aforementioned concept of sexual integrity. There are a number of possible offences against this integrity. Those that involve both penetration and either physical force or a threat of some illegal act, such as violence, are classified as rape. So are assaults on people who are helpless at the time, either as a result of intoxication or severe mental disturbance. The degree of physical force involved need only be very small. It can be enough merely to move the victim's legs apart, according to Gunilla Berglund, at the Swedish ministry of justice. Rape carries a sentence of between two and six years; aggravated rape a sentence of four to 10 years.

An issue concerning Assange's lawyers is the lack of bail in Swedish criminal procedure. Suspects are remanded in custody when legal grounds can be made out for their detention – particularly when they are foreigners who are deemed at risk of absconding. But there are strict limits on the timescale for bringing a suspect to trial, with a formal charge required within two weeks of being remanded into custody, and trial one week after that. The Swedish director of public prosecutions, Marianne Ny, dismissed suggestions of a political motive for the rape allegations.

Byrnzie

Another thing, the judge refused bail because he feared Assange may attempt to flee the country...BUT...didn't Assange just VOLUNTARILY turn himself into the police??

catefrances

Byrnzie wrote:

...
The third charge claimed Assange "deliberately molested" Miss A on 18 August "in a way designed to violate her sexual integrity". The fourth charge accused Assange of having sex with a second woman, Miss W, on 17 August without a condom while she was asleep at her Stockholm home.
...

as opposed to accidently molested, cause we all know how often that happens. :roll: .... and in a way to violate her sexual integrity??? what the hell does that mean...cause ive got some ideas and theyre none id charge someone with. oh and does it really matter if he used a condom or not if he had sex with someone while she was asleep?? seems a bit superfluous really.

Byrnzie

http://www.bbc.co.uk/news/uk-11937110
'Mr Assange's supporters have written an open letter to Australian Prime Minister Julia Gillard, asking her to protect him.

Mr Pilger, who appeared in court to support Mr Assange, said Ms Gillard's threat to remove his passport smacked of "totalitarianism".'

Byrnzie

catefrances wrote:

Byrnzie wrote:

...
The third charge claimed Assange "deliberately molested" Miss A on 18 August "in a way designed to violate her sexual integrity". The fourth charge accused Assange of having sex with a second woman, Miss W, on 17 August without a condom while she was asleep at her Stockholm home.
...

as opposed to accidently molested, cause we all know how often that happens. :roll: .... and in a way to violate her sexual integrity??? what the hell does that mean...cause ive got some ideas and theyre none id charge someone with. oh and does it really matter if he used a condom or not if he had sex with someone while she was asleep?? seems a bit superfluous really.

The law as it pertains to sex is such a joke anyway that they can pretty much concoct anything they want and twist the facts to suit them. The law regarding sexual matters is completely arbitrary and absurd, hence the perfect method with which to stitch someone up and silence them.

catefrances

Byrnzie wrote:

catefrances wrote:

Byrnzie wrote:

...
The third charge claimed Assange "deliberately molested" Miss A on 18 August "in a way designed to violate her sexual integrity". The fourth charge accused Assange of having sex with a second woman, Miss W, on 17 August without a condom while she was asleep at her Stockholm home.
...

as opposed to accidently molested, cause we all know how often that happens. :roll: .... and in a way to violate her sexual integrity??? what the hell does that mean...cause ive got some ideas and theyre none id charge someone with. oh and does it really matter if he used a condom or not if he had sex with someone while she was asleep?? seems a bit superfluous really.

The law as it pertains to sex is such a joke anyway that they can pretty much concoct anything they want and twist the facts to suit them. The law regarding sexual matters is completely arbitrary and absurd, hence the perfect method with which to stitch someone up and silence them.

well you know im not julian assange...obviously... but if i were in his position(no pun intended) this wouldnt silence me. my mind has been working overtime on this whole sex by surprise. my imagination has been having a gay old time with it. and i wish for once the australian govt would grow some friggin backbone and stand behind one of their citizens without umming and aahhing and trying to distance themselves. surely there are those in the govt that can see these charges for the bullshit they are.

ONCE DEVIDED

Byrnzie wrote:

Another thing, the judge refused bail because he feared Assange may attempt to flee the country...BUT...didn't Assange just VOLUNTARILY turn himself into the police??

Yeah but another criminal ( lifer) wouldnt have the oppertunity to knife him if he went home. and have the americans set his family up

catefrances

so were absolutely sure assange is innocent of these charges no matter how ridiculous theyre titled??

redrock

As we are not privvy to the details, we don't know for sure. What I know is that whatever charges against him were dismissed by the prosecutors ages ago and, by miracle, they reappear at this time? Makes me wonder....

It's difficult because one doesn't want to turn these women into criminals (and do a huge disservice to all those who have been victims of sex crimes), but the way this has come about and is handled can make one doubt.

Boxes&Books

Hackers are uniting and are attacking all those who are trying bring down WikiLeaks! Paypal and Master Card have been attacked! Twitter is on their hit list!

I wouldn't want to get in the way of these guys! I have enough trouble dealing with the trojan horse viruse.... :?

catefrances

senator mark arbib

former Labor minister Bob McMullan

federal MP Michael Danby


politics really is a mugs game. thanks guys. :thumbup:

nuffingman

tonifig8 wrote:

Hackers are uniting and are attacking all those who are trying bring down WikiLeaks! Paypal and Master Card have been attacked! Twitter is on their hit list!

I wouldn't want to get in the way of these guys! I have enough trouble dealing with the trojan horse viruse.... :?

I heard this on our evening news. It seems Mastercard have been well hit and there's not much they can do about it.

"Security experts said the sites had been targeted by a so-called distributed denial-of-service attack (DDoS), which swamp a site with so many page requests that it becomes overwhelmed and drops offline.
Paul Mutton of security firm Netcraft said that 1,600 computers were involved in flooding the site with spoof requests."

Apparently you just need to download a bit of software and you can cause chaos. So much for IT security etc.

Commy

here's a loose recap of events.



Assange and wikileaks release hundreds of thousands of cables between US officials and foreign diplomats.



the US gov't tells amazon, the server wikileaks is using, to stop hosting wikileaks. they do.


hours later wikileaks is up and running on a european server.


according to the BBC they are now running on 14 servers in 14 different countries. http://www.bbc.co.uk/news/technology-11928899

Wikileaks has effectively weaved itself a complex web of suppliers and it seems even the domain name companies are confused. -BBC

The US gov't, unable to keep them offline, commenced cyber attacks, trying to overload the site and crash it.


wikileaks appealed for outside help. here is a list of mirror sites. http://213.251.145.96/mirrors.html



currently 1334 strong. good luck shutting them all down.



Paypal withholds 60,000 pounds headed to Assange. His bank closes his bank account, citing false residency on his forms.



Anonymous, a group of hackers, decide to take action in the name of free speech.


Visa.com is shut down. Mastercard is attacked as well, many users unable to perform actions online. His swiss bank was attacked as well, as was Paypal, with reports the site was down for many hours.


A cyber war has broken out. and the US government has lost.


The information in the cables is currently available to download via bit torrent, over 20,000 files, and is now available to anyone with a computer, here....http://213.251.145.96/