Following media reports that French football star Kylian Mbappe is being investigated for rape in Sweden, all eyes are on the Nordic country’s legal system to see what happens next.
A Swedish prosecutor has confirmed that a rape investigation has been opened following Mbappe and his entourage’s two-day visit to Stockholm on October 9-11.
Many media outlets have reported this Mbappe is the target of investigationBut the prosecutor has not confirmed the name of the suspect.
Here are five things to know about the Swedish investigation process.
what happens now?
Swedish prosecutor Malin Kuhn explained AFP Once an investigation begins, the first step is usually to secure technical evidence and witness statements.
According to the daily newspaper, the plaintiff, who has not been identified, has been questioned by the police Aftonbladet,
It is not known whether Mbappe was interrogated as of Thursday (October 17, 2024), but his lawyer told reporters on Tuesday (October 15, 2024) that he would cooperate with Swedish police if necessary.
Although the investigation is ongoing, it is confidential and neither the suspect, the media nor anyone else has been informed of how it is progressing, Kuhn said.
This is to protect the integrity of the investigation as well as the suspect if the investigation is abandoned at an early stage.
“In some cases the suspect has a story that is credible, and then the investigation can be closed immediately,” the prosecutor said.
Will Mbappe have to come to Sweden for questioning?
If Swedish police want to interrogate Mbappé, they would ideally like him to come to Sweden for questioning in person.
If a suspect is in another country and is unable or refuses to travel to Sweden, Sweden may request assistance for questioning.
For EU countries, Sweden can ask a country’s domestic police to question the suspect or ask Swedish police to be present, Kuhn said.
If Mbappe refuses to travel to Sweden and prosecutors believe the evidence is particularly strong, they could also decide to issue a European arrest warrant.
How strong are the doubts against Mbappé?
There are two levels of suspicion in Swedish law. Prosecutors decide whether they have reasonable cause (lower grade) or probable cause (higher grade) to suspect that someone has committed a crime.
Newspaper expressed have reported that prosecutors have “reasonable grounds” for an investigation into Mbappé.
Kuhn explained that deciding on the level of suspicion is the prosecutor’s decision and can be changed during the investigation.
A higher degree of suspicion is applied when the prosecution believes it has strong evidence, and is usually a prerequisite for remanding a suspect in custody.
The suspect must also usually be suspected of a crime punishable by more than one year in prison.
What does Sweden’s ‘consent law’ say?
In 2018, Sweden changed its rape law and introduced “consent law”.
For a rape conviction, prosecutors must prove that there was a “lack of consent” rather than the use or threat of violence or whether the victim was deemed to be in an unsafe situation.
Consent laws allow rape convictions when the victim says no but does not physically or verbally fight back, and when the victim remains passive and silent during the aggression, a phenomenon known as “frozen fear”. Is.
The amended law, which was proposed in the wake of the #MeToo movement, also introduced a new crime called “reckless rape” for cases when “someone should have been aware of the risk that the other person would not willingly flee.” Is taking.”
A 2020 review of the law by the Swedish National Council for Crime Prevention (BRA) found that the number of rape convictions increased by 75% to 333 in 2019, compared to 190 in 2017, the last completed year before the law change. It was year.
According to BRA data for November 2023, approximately 90% of reported rapes are not prosecuted.
BRA data shows that more than 6,000 rape incidents were reported in 2022 and more than 800 were prosecuted.
What is the risk to Mbappe if he is convicted?
In Sweden, there is a provision of maximum six years and minimum three years prison sentence if found guilty of rape.
If the crime is considered serious, the punishment can be up to 10 years.
The crime of “negligent rape” is punishable by up to four years in prison.
published – October 17, 2024 06:07 PM IST