News
Published: 2023-03-02 11:19
Photo Jonas Ekströmer / TT
Falu district court acquits the SOK top accused of sexual harassment.
The district court points to shortcomings in the investigation and states, among other things, that an important witness has not been heard – even though it should have been possible.
– The proof requirement in criminal cases is that it must be established beyond reasonable doubt. It has sometimes been expressed as if it should be practically excluded that it behaves in a different way than what the prosecutor has stated in his description of the crime, says lawyer Johan Rosén in a press release.
It is about sexual harassment that allegedly took place on a train between Borlänge and Stockholm.
According to the indictment, the SOK top was alleged, on two occasions, to have placed his hand on the plaintiff’s thigh. On one of the occasions, he is also alleged to have grabbed her neck and said “can I feel a little”, “I know you want me to feel your sex” or other similar statements with a sexual meaning.
Has denied any wrongdoing
The SOK top has denied wrongdoing and words have stood against words. According to the press release from the Falu district court, “there is no other more direct and tangible evidence of what happened in addition to the plaintiff’s and the defendant’s sports manager’s information”.
The district court considers that the plaintiff’s story was both clear and detailed as well as detailed and appeared to be self-perceived. According to the district court, the story also receives some support from witness statements regarding what she told about the incident afterwards. At the same time, there are other witness statements that clearly contradict certain parts of the story.
Deficiency in the investigation
The district court also points out that a witness who may have made important observations was not heard – even though this should have been possible. This is considered a shortcoming in the investigation that affects the evaluation of evidence to the detriment of the prosecutor.
– The proof requirement in criminal cases is that it must be established beyond reasonable doubt. It has sometimes been expressed as if it should be practically excluded that it behaves in a different way than what the prosecutor has stated in his description of the crime, says lawyer Johan Rosén in the press release.
In a combined assessment, the evidence is not considered to support a conviction – and the SOK top is therefore acquitted by a unanimous district court.
