Following media stories that French soccer star Kylian Mbappe is being investigated for rape in Sweden, all eyes have turned to the Nordic nation’s authorized system to know what occurs subsequent.
A Swedish prosecutor has confirmed {that a} rape investigation has been opened after Mbappe and his entourage made a two-day go to to Stockholm October September 11.
A number of media shops have reported that Mbappe is the goal of the investigation, however the prosecutor has not confirmed the identify of the suspect.
Listed here are 5 issues to know concerning the Swedish investigative course of.
What occurs now?
Swedish prosecutor Malin Kuhn defined to AFP that after an investigation is opened, the primary steps are often to safe technical proof and witness statements.
The plaintiff, who has not been recognized, has been questioned by police, in keeping with each day Aftonbladet.
It’s not identified whether or not Mbappe had been questioned by Thursday (October 17, 2024), however his lawyer informed reporters on Tuesday (October 15, 2024) that he would cooperate with Swedish police if needed.
Whereas the investigation is ongoing, it’s confidential and neither the suspect, the media nor anybody else is knowledgeable of how it’s continuing, Kuhn mentioned.
That is to guard the integrity of the investigation in addition to the suspect, in case the investigation is dropped at an early stage.
“In some circumstances the suspect has a narrative that’s credible, after which the investigation may be dropped instantly,” the prosecutor mentioned.
Would Mbappe have to come back to Sweden for questioning?
If Swedish police need to interrogate Mbappe, they might ideally need him to come back to Sweden for questioning in individual.
If a suspect is out of the country and is unable or refuses to journey to Sweden, Sweden can request help for the interrogation.
For international locations inside the EU, Sweden can ask a rustic’s home police to query the suspect or ask that Swedish police be current, Kuhn mentioned.
If Mbappe had been to refuse to journey to Sweden and prosecutors consider the proof is especially robust, they may additionally determine to difficulty a European arrest warrant.
How robust are the suspicions towards Mbappe?
Swedish regulation has two ranges of suspicion. Prosecutors determine whether or not they have affordable trigger (the decrease grade) or possible trigger (the upper grade) to suspect that somebody has dedicated a criminal offense.
Newspaper Expressen has reported that prosecutors have “affordable trigger” within the investigation regarding Mbappe.
Deciding on the extent of suspicion is a judgement name by the prosecutor, Kuhn defined, and may be modified throughout the course of the investigation.
The upper grade of suspicion is utilized when the prosecution believes it has robust proof, and is often a prerequisite for remanding a suspect in custody.
The suspect would additionally often should be suspected of a criminal offense that carries a jail sentence of greater than a 12 months.
What does Sweden’s ‘consent regulation’ say?
In 2018, Sweden modified its rape laws and launched a “consent regulation”.
For a rape conviction, prosecutors should show there was “an absence of consent”, slightly than the use or risk of violence or whether or not the sufferer was deemed to be in a weak scenario.
The consent regulation permits for rape convictions when a sufferer says no however doesn’t struggle again bodily or verbally, and when a sufferer stays passive and silent throughout the aggression, a phenomenon generally known as “frozen fright”.
The revised regulation, which was proposed within the wake of the #MeToo motion, additionally launched a brand new offence known as “negligent rape,” for circumstances when “somebody ought to pay attention to the danger that the opposite individual is just not taking part voluntarily.”
A 2020 evaluation of the regulation by the Swedish Nationwide Council for Crime Prevention (Bra) discovered that the variety of rape convictions rose by 75% to 333 in 2019, in comparison with 190 in 2017, the final full 12 months earlier than the regulation modified.
Based on Bra information from November 2023, virtually 90% of reported rapes do not result in prosecution.
In 2022, greater than 6,000 rapes had been reported and there have been greater than 800 prosecutions, Bra information confirmed.
What does Mbappe threat, if convicted?
A rape conviction in Sweden carries a jail sentence of as much as six years and a minimal of three years.
If the crime is taken into account aggravated, the sentence can run as much as 10 years.
The crime of “negligent rape” carries a jail sentence of as much as 4 years.
Printed – October 17, 2024 06:07 pm IST
