Case No B 1689-12
Mots-clés
Parcours procédural du dossier
1st Instance:
Court: The District Court of Gothenburg
Location: Gothenburg
Date of decision: January 30, 2012
Reference: B 15416-11
2nd Instance:
Court: Court of Appeal for Western Sweden
Location: Gothenburg
Date of decision: September 14, 2012
Reference: B 1689-12
Victime / Demandeurs de la première instance
Défendeurs / Répondants de la première instance
Résumé des faits
The victim was transported from Serbia to Sweden by the defendants. The victim thought that she was going with them to Sweden to become the wife of one of the defendant. It was also said that the defendants paid the victim’s father EUR 1,000 for the victim to become his wife.
Frais/Réclamations/Décisions
Chapter 4, Section 1 a) of the Swedish Penal Code, the latest change was made on July 1, 2010.
Unofficial office translation:
Chapter 4, Section 1 a of the Swedish Penal Code - A person who, in other cases than those referred to in Section 1, uses unlawful coercion or deceit, exploits another person’s vulnerable situation or by some other such improper means recruits, transports, harbours, receives a person with the intent that this person shall be exploited for sexual purposes, removal of organs, military service, forced labour or other activities in a situation that implies a situation of distress for the victim, shall be sentenced for trafficking in human beings to imprisonment for at least two years and at most ten years.
A person who commits an act referred to in the first paragraph against a person who is under eighteen years of age shall be sentenced for trafficking in human beings even if none of the improper means described in that paragraph was used.
If an offence referred to in the first or second paragraphs is less serious, the sentence shall be imprisonment for at most four years.
SFS 2010:371
Text in original language (Swedish):
4 kap. 1 a § BrB - Den som, i annat fall än som avses i 1 §, genom olaga tvång, vilseledande, utnyttjande av någons utsatta belägenhet eller med annat sådant otillbörligt medel rekryterar, transporterar, överför, inhyser eller tar emot en person i syfte att han eller hon ska exploateras för sexuella ändamål, avlägsnande av organ, krigstjänst, tvångsarbete eller annan verksamhet i en situation som innebär nödläge för den utsatte, döms för människohandel till fängelse i lägst två och högst tio år.
Den som begår en gärning som avses i första stycket mot en person som inte har fyllt arton år döms för människohandel även om inte något sådant otillbörligt medel som anges där har använts.
Är ett brott som avses i första eller andra stycket mindre grovt, döms till fängelse i högst fyra år. SFS 2010:371
Chapter 6, Section 1 of the Swedish Penal Code
Chapter 6, Section 1 in conjunction with Chapter 23, Section 4 of the Swedish Penal Code
Chapter 3, Section of the Swedish Penal Code
Chapter 6, Section of the Swedish Penal Code
The prosecutor stated that the defendant and her husband, at the time, recruited a 14 year old girl to come with them to Sweden for the purpose of sexual exploitation by their son. It was shown that the girl was misled thinking that she was going to become his wife. The Defendant had, according to the prosecutor, kept the girl locked up for sexual purposes in favour of her son. However, the district court found it not to be proved that the purpose of transporting the girl to Sweden was for her to be sexually exploited by her son. The victim did not give a testimony that was strong enough for a conviction.
The Court of Appeal stated that for someone to be convicted of a crime under Swedish law, it must be beyond reasonable doubt that the accused is guilty of what has been stated by the prosecutor. The victim’s own witness statement is not sufficiently credible and reliable for a conviction. From other witness’ statements and information in the case, it can be concluded that there has been a sexual relation between the girl and one of the defendants. However, to be convicted of human trafficking, the sexual exploitation must be seen as an extremity. Even if it was stated in the case that the son and the girl have had sexual intercourse with each other, that fact alone cannot be considered a sexual exploitation in the legal sense. The district court’s ruling was therefore upheld.
Chapter 4, Section 1 a) of the Swedish Penal Code, the latest change was made on July 1, 2010.
Unofficial office translation:
Chapter 4, Section 1 a of the Swedish Penal Code - A person who, in other cases than those referred to in Section 1, uses unlawful coercion or deceit, exploits another person’s vulnerable situation or by some other such improper means recruits, transports, harbours, receives a person with the intent that this person shall be exploited for sexual purposes, removal of organs, military service, forced labour or other activities in a situation that implies a situation of distress for the victim, shall be sentenced for trafficking in human beings to imprisonment for at least two years and at most ten years.
A person who commits an act referred to in the first paragraph against a person who is under eighteen years of age shall be sentenced for trafficking in human beings even if none of the improper means described in that paragraph was used.
If an offence referred to in the first or second paragraphs is less serious, the sentence shall be imprisonment for at most four years.
SFS 2010:371
Text in original language (Swedish):
4 kap. 1 a § BrB - Den som, i annat fall än som avses i 1 §, genom olaga tvång, vilseledande, utnyttjande av någons utsatta belägenhet eller med annat sådant otillbörligt medel rekryterar, transporterar, överför, inhyser eller tar emot en person i syfte att han eller hon ska exploateras för sexuella ändamål, avlägsnande av organ, krigstjänst, tvångsarbete eller annan verksamhet i en situation som innebär nödläge för den utsatte, döms för människohandel till fängelse i lägst två och högst tio år.
Den som begår en gärning som avses i första stycket mot en person som inte har fyllt arton år döms för människohandel även om inte något sådant otillbörligt medel som anges där har använts.
Är ett brott som avses i första eller andra stycket mindre grovt, döms till fängelse i högst fyra år. SFS 2010:371
The prosecutor stated that the defendant and his wife, at the time, recruited a 14 year old girl to come with them to Sweden for the purpose of sexual exploitation by their son. It was submitted that the girl was misled and thought that she was going to become his wife. However, the district court found it not to be proved that the purpose of transporting the girl to Sweden was to be sexually exploited by his son. The victim did not give a testimony that was strong enough for a conviction.
The Court of Appeal stated that for someone to be convicted of a crime under Swedish law, it must be beyond reasonable doubt that the accused is guilty of what has been stated by the prosecutor. The victim’s own witness statement is not sufficiently credible and reliable for a conviction. From other witness’ statements and information in the case, it can be concluded that there has been a sexual relation between the girl and one of the defendants. However, to be convicted of human trafficking, the sexual exploitation must be seen as an extremity. Even if it was stated in the case that the son and the girl have had sexual intercourse with each other, that fact alone cannot be considered a sexual exploitation in the legal sense. The district court’s ruling was therefore upheld.
Chapter 6, Section 1 of the Swedish Penal Code
The prosecutor stated that the defendant had used the girl for sexual exploitation and raped her several times. However, the district court said that the victim did not give a testimony that was strong enough for a conviction.
The Court of Appeal stated that for someone to be convicted of a crime under Swedish law, it must be beyond reasonable doubt that the accused is guilty of what has been stated by the prosecutor. The victim’s own witness statement is not sufficiently credible and reliable for a conviction. From other witness’ statements and information in the case, it can be concluded that there has been a sexual relation between the girl and one of the defendants. However, to be convicted of human trafficking, the sexual exploitation must be seen as an extremity. Even if it was stated in the case that the son and the girl have had sexual intercourse with each other, that fact alone cannot be considered a sexual exploitation in the legal sense. The district court’s ruling was therefore upheld.
Source/Citation
Case No 15416-11
Case No B 1689-12