WikiLeaks founder rape probe reopened

Well her personal opinion doesn't belong in an official statement when she is a prosecutor for the state.

She never used the word Opinion... that is the word you inserted there. She used the word judgment. Big Difference.

This is one case where her personal judgment carries the full weight of the law. She represents the state in deciding whether to prosecute or not.

And if in here judgment (or opinion as you say) she thinks there is enough evidence to proceed... then that is exactly what happens.

So yeah... what she decides in her mind... is what happens in reality. That's why they call her the State Prosecutor.
 
She never used the word Opinion... that is the word you inserted there. She used the word judgment. Big Difference.

This is one case where her personal judgment carries the full weight of the law. She represents the state in deciding whether to prosecute or not.

And if in here judgment (or opinion as you say) she thinks there is enough evidence to proceed... then that is exactly what happens.

So yeah... what she decides in her mind... is what happens in reality. That's why they call her the State Prosecutor.

Well said. You explained it better than I could. :)
 
LOL, first let's get over the paranoia here. I don't have issues with the guy which are so strong I want him fried or in trouble. That's not it.

This prosecutor is the professional who makes a decision whether an indictment has to be made on the suspicion of crime. If they think a crime has been committed they go ahead. So she thinks in her professional opinion that YES there are grounds for an investigation. The type of crime this would be investigated at present is RAPE and not say money laundering.

You have issues with the way she said this, but unless you tell me she did something against Swedish law I will have to say you're incorrect here. You're welcome to explain to me which statute of the Swedish law she broke however if you know that. This woman is more than able to categorise the type of crime which has happened.

No you get me wrong I'm not saying she broke a law. I'm saying it is unprofessional and stupid to make statements like that. We aren't interested in her opinion we're interested in how the state is going to be proceeding with the case.

Does the state say it believes there is reasonable grounds for pursuing a rape charge and so that is what they're going to do or are they saying it WAS rape? Those are 2 entirely different statements. Her second sentence basically says it WAS rape. If a person representing the state actually said it was rape before your trial commenced you could sue the state. This is why people representing media stations etc. use the word "alleged" all the time.

Luckily for the state she said the words "my judgement" so you could only sue her in her personal capacity. However then one is again left wondering what the hell her personal opinion is doing in the middle of a statement about a trial she is representing the state in.
 
No you get me wrong I'm not saying she broke a law. I'm saying it is unprofessional and stupid to make statements like that. We aren't interested in her opinion we're interested in how the state is going to be proceeding with the case.

Does the state say it believes there is reasonable grounds for pursuing a rape charge and so that is what they're going to do or are they saying it WAS rape? Those are 2 entirely different statements. Her second sentence basically says it WAS rape. If a person representing the state actually said it was rape before your trial commenced you could sue the state. This is why people representing media stations etc. use the word "alleged" all the time.

Luckily for the state she said the words "my judgement" so you could only sue her in her personal capacity. However then one is again left wondering what the hell her personal opinion is doing in the middle of a statement about a trial she is representing the state in.

The decision to initiate or pursue criminal charges or to divert cases from the criminal justice system shall be within the discretion of the prosecutor, excepting only the grand jury. Within his or her discretion, the prosecutor shall determine whether charges should be filed or pursued; whether an offender should be diverted to other treatment alternatives; what should be filed; how many charges should be filed; and how charges should be prosecuted..

So ja... call it personal opinion or personal discretion... the privilege is hers to say what she wants to based on the evidence available.

Give it up... Porchie... you're on the wrong end of the picnic basket on this particular issue.
 
You have to wonder the motives behind closing the case if it's been reopened again.
 
Oh save me now! Are we still on about this "judgement"/"opinion"/whatever?

We aren't interested in her opinion we're interested in how the state is going to be proceeding with the case.

I was under the impression that her judgement/opinion is how the state is going to proceed with the case. In HER OPINION a crime has been committed, and that crime is rape. Therefore, the STATE will be proceed with prosecution, and they'll be prosecuting for rape. Or am I missing something here?
 
So ja... call it personal opinion or personal discretion... the privilege is hers to say what she wants to based on the evidence available.

Give it up... Porchie... you're on the wrong end of the picnic basket on this particular issue.

I don't see where it says she is allowed to say that it is rape.

"Considering information available at present, my judgement is that the classification of the crime is rape".

All I know is that it is pretty horrific that before a court reaches it's verdict you have a prosecutor standing there saying firstly that there IS a crime and secondly that that crime IS rape. Unless you can read that any differently.

If she had said they were going to pursue a charge of rape then fine. To outright stand there and say "this evidence says there was a crime and that crime was rape" is pretty insane.
 
You have to wonder the motives behind closing the case if it's been reopened again.

Testimony of the victim and Witnesses as well as available evidence. Happens all the time in rape cases... especially where the victim is a child. Getting a young girl to testify objectively against a man who raped her and most likely threatened her as well is not an easy thing to do.
 
Oh save me now! Are we still on about this "judgement"/"opinion"/whatever?



I was under the impression that her judgement/opinion is how the state is going to proceed with the case. In HER OPINION a crime has been committed, and that crime is rape. Therefore, the STATE will be proceed with prosecution, and they'll be prosecuting for rape. Or am I missing something here?

She didn't talk about how the state was going to proceed. She said a crim had been committed and that that crime was rape. Those are 2 different statements.

Maybe something was lost in translation but I would be pretty pissed at a prosecutor making a statement like that without the use of the words like alleged. Fair enough though.
 
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Oh save me now! Are we still on about this "judgement"/"opinion"/whatever?

I was under the impression that her judgement/opinion is how the state is going to proceed with the case. In HER OPINION a crime has been committed, and that crime is rape. Therefore, the STATE will be proceed with prosecution, and they'll be prosecuting for rape. Or am I missing something here?

No, there's only person in this thread who seems to be missing that vital piece of understanding.
 
LOL yeah probably get a plasma TV in your cell, Internet access and all the reading material you would ever need. Nice meals. All of a sudden being convicted of rape doesn't seem like such a bad deal :p

Naturally. Sweden is the liberal poster child. The rights of murderers, rapists etc are held in higher esteem than their victims. Accoding to their wacky logic they're victims too.:erm:

SODERTALJE, Sweden - Sweden, like the rest of Scandinavia, prides itself on treating prisoners humanely and running the sort of prison system that values rehabilitation over punishment.

Metal detectors are rare, conjugal visits routine and unlocked cell doors the norm. Bored inmates, even those in high-security prisons, can simply switch on their television sets - there is one in every room or cell - or request off-campus leaves. Some "open prisons" even lack fences.

Sweden's reputation for operating cozy prisons is so widespread that after Saddam Hussein was captured, one of his lawyers asked whether he could be moved to a Swedish prison. The request was denied.

But several audacious escapes by dangerous criminals last year, including one at the Hall high-security prison near here, has plunged Sweden into a debate about its penal policies and has led the government to tighten prison security, especially for criminals with a history of violence. "The Swedish people were actually shaken to their roots by what happened," said Lars Nylen, a former police chief who is the new director of the Prison and Probation Service. "There is no doubt that the general opinion is that there are some prisoners who should be locked up and that having these prisoners running around is a big problem."

http://www.freerepublic.com/focus/f-news/1366443/posts

At least it's not Greenland

http://www.liveleak.com/view?i=438_1235316794&c=1
 
She didn't talk about how the state was going to proceed. She said a crim had been committed and that that crime was rape. Those are 2 different statements.

Maybe something was lost in translation but I would be pretty pissed at a prosecutor making a statement like that without the use of the words like alleged. Fair enough though.

Okay, quick question: if HER judgement had been that a crime had not been committed, would the STATE have proceeded with prosecution?
 
I don't see where it says she is allowed to say that it is rape.

"Considering information available at present, my judgement is that the classification of the crime is rape".

All I know is that it is pretty horrific that before a court reaches it's verdict you have a prosecutor standing there saying firstly that there IS a crime and secondly that that crime IS rape. Unless you can read that any differently.

If she had said they were going to pursue a charge of rape then fine. To outright stand there and say "this evidence says there was a crime and that crime was rape" is pretty insane.

Think of it in this way... a young girl comes forward and accuses Assange of raping her. The police initially charge Assange. But when the police begin to question her she gets afraid and bottles up.... so they have nothing to go on as their main witness is not willing to testify. So they have to drop the charges. But they persist in working with the girl and eventually talk her into testifying and they take a DNA test and medical examination. Based on her testimony and the results of the tests they are now convinced that she has in fact been raped and that they have a case. So the prosecutor now goes public and makes that statement. "Considering information available at present, my judgement is that the classification of the crime is rape." Meaning that she knows the girl has been sexually penetrated.... she is a minor... her testimony indicates lack of consent to the penetration. Therefore the crime IS rape. Now all that remains is to prove who did the rape.

Seriously... this is not rocket science.
 
Could you post your law degree and license to practice in Sweden for us?

You're still doing this even after the whole zygote/embryo mess?

Could you provide your law degree and license to practice in Sweden as well?

Seriously doc drop the arrogance it is annoying.
 
Think of it in this way... a young girl comes forward and accuses Assange of raping her. The police initially charge Assange. But when the police begin to question her she gets afraid and bottles up.... so they have nothing to go on as their main witness is not willing to testify. So they have to drop the charges. But they persist in working with the girl and eventually talk her into testifying and they take a DNA test and medical examination. Based on her testimony and the results of the tests they are now convinced that she has in fact been raped and that they have a case. So the prosecutor now goes public and makes that statement. "Considering information available at present, my judgement is that the classification of the crime is rape." Meaning that she knows the girl has been sexually penetrated.... she is a minor... her testimony indicates lack of consent to the penetration. Therefore the crime IS rape. Now all that remains is to prove who did the rape.

Seriously... this is not rocket science.

Yea you have a point there. Looks like I just read it wrong. She did say it is her judgement and not necessarily what actually happened.

My bad.
 
You're still doing this even after the whole zygote/embryo mess?

What mess? A zygote is the same as an embryo. If you had some education or insight in that regard you would not even mention this. The only people who consider that a mess are people who have no education in biology. Zygote and embryo are used interchangeably at university level and only high school students get drilled over a difference.

Could you provide your law degree and license to practice in Sweden as well?

I'm not challenging this prosecutor.

Seriously doc drop the arrogance it is annoying.

Arrogance? LOL you are saying a State Prosecutor is wrong yet you say I'm arrogant. You're the arrogant one. BTW what epiphet may I use on you - Bachelor of Science?
 
Yea you have a point there. Looks like I just read it wrong. She did say it is her judgement and not necessarily what actually happened.

My bad.

Yes, well she has that discretion. She is a professional charged with using her judgment to pursue cases...

Sweden

In Sweden, public prosecutors are lawyers who work out of the Swedish Office of Public Prosecutions (Åklagarmyndigheten) and direct police investigations of serious crimes. For all criminal cases, public prosecutors decide arrests and charges on behalf of the public and are the only public officers who can make such decisions. Plaintiffs also have the option of hiring their own special prosecutor (enskilt åtal). The exception is cases concerning crimes against the freedom of the press for which the Attorney General acts as the prosecuting attorney. In court, the prosecutor is not necessarily in an adversarial relationship to the defendant, but is under an obligation to investigate and present information which may incriminate or exhonerate the defendant. He is not a judicial officer, nor does he participate in the private deliberations of the court.

Public prosecutors are the only public officers who can decide to appeal cases to appellate courts (hovrätter). Otherwise, appeals are initiated by defense counsel, the plaintiff, their representatives, and other parties to the case (målsäganden). When a case has been decided by an appellate court, the right to appeal to the Supreme Court passes from the case's prosecutor to the Director of Public Prosecutions (Riksåklagaren).
http://en.wikipedia.org/wiki/Prosecutor
 
Yea you have a point there. Looks like I just read it wrong. She did say it is her judgement and not necessarily what actually happened.

My bad.

Which is what I said all along, perhaps you should try to read before saying someone else is 'arrogant'. Oh yeah and I recommend a refresher in biology too.
 
What mess? A zygote is the same as an embryo. If you had some education or insight in that regard you would not even mention this. The only people who consider that a mess are people who have no education in biology. Zygote and embryo are used interchangeably at university level and only high school students get drilled over a difference.
They weren't used interchangeably at my university.



BTW what epiphet may I use on you - Bachelor of Science?
Really... you're doing it again? More attempts to put people down based on their qualifications? Seriously dude where do you get off on this? I mean if you were some sort of PhD in everything I could understand it but you're a chiropractor. You really are not in a position to do that. Unless "chiropractor" is a code word for "qualified in every field" you're just being arrogant.
 
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