It’s the summer holiday break, and for Julian Assange it’s his first one back in Queensland for over 14 years. Since returning to Australia he has understandably kept a low profile, only interrupted by his partner recently releasing photos of him just chilling with his family. Any internet search will bring them up, but here’s One, and Two.
There lots of stories and debates to be had about him. And that in-of-itself says he has been an effective and influential person. For most Australians it’s fair to say they’d wish him a Merry Christmas and a peaceful New Year with his family. Various internet forums will bring up differing debates about his character and role in world politics. That’s fine, this is democracy happening between the elections.
There is one issue however that is repeatedly brought up and misrepresented by various Leftist, and Radical Feminists. That is of the sexual assault charges made against him in Sweden from 2010. These generally go along some variation of hyperbolic posturing to equate him with misogynist sexual violence, and simplistic reductionist lines like “if you support Julian you support sexual violence against women” or “it’s just the Bro’s sticking together”.
Ironically, if you press any of these people as to the details of what he actually did, or the nature of the Swedish legal system, well no one can say anything of substance. If you are unfamiliar with the time line of events of his life in the past 20 years, look here [https://theconversation.com/a-timeline-of-julian-assanges-legal-journey-233222]
WHAT ACTUALLY HAPPENED IN SWEDEN 2010
This is literally a situation of so much noise and mud has been thrown to hide the simple details. Newspaper articles are written to be sold, and sensationalism sells. So much content, so little fact.
In 2010, Julian Assange had sex with two different women in Sweden, without a condom, after he said that he’d get a STI test to prove he was clean. Julian then did not get an STI test after being with these women. The two different women met each other at a party, shared stories, got angry, and reported the event to the Swedish police. https://www.reuters.com/article/world/special-report-std-fears-sparked-case-against-wikileaks-boss-idUSTRE6B669H/
Now what is important to remember is that the Swedish legal system is different to the Australian system. In this situation specifically, legal language gets complicated, this is further complicated by the fact that language translation of these definitions can be subjective. This is exactly what happened during media reporting at the time, which exaggerated language translations to mean “rape” as an English speaker would understand the word. It does makes for a much punchier headline however.
Also Swedish sexual assault laws in 2010 basically had three different level of definition; minor, medium and severe. Julian’s allegations fell under the first category – minor. At the time the maximum penalty was 2 years jail, with the convictions generally receiving the equivalent of a $900-$1200 fine.
Also what is different about Sweden and Australia is that when the police receive a complaint like this, the State Prosecution take control of it. That means an individual no longer has the ability to withdraw a prosecution if they do not wish to continue, that only the State has that prerogative.
So initially the Swedish police conducted a brief investigation into the women’s complaint and they dismissed it, saying there was nothing to prosecute for. So, no media reporting, no formal prosecution, just a formal accusation filed away on record by the police.
It is worth noting at this point, that Julian’s behaviour was not acceptable. If someone asks you to get an STI test, then just do it out of respect and for general health care. Now, if Lefties want to bang on about this as an example of patriarchal behaviour, well then that’s fair enough. But this isn’t where the discussion has been at.
INTRODUCING DIRECTOR of PUBLIC PROSECUTIONS: MARIANNE NY
In August 2010 the Swedish State reopened the case against Julian Assange by directive of Sweden’s Director of Public Prosecutions, Marianne Ny. Then there’s some conflicts within the Swedish prosecution team. On August 21, 2010, Chief prosecutor Eva Finne has come to the decision that Julian Assange is not suspected of rape. A different duty prosecutor named Claes Borgström claims there was reason to continue the investigation, issued an arrest warrant, which was then squashed by Eva Finne. Marianne Ny then overturns Eva Finne’s decision, and issued the arrest warrant. [1] & [2]
From then on we get a laundry list of shenanigans (including the “Surprise Sex allegations”) which is entertainingly written up here -> https://thestandard.org.nz/marianne-ny-making-an-arse-of-swedish-law/
Now Julian Assange had actually waited in Sweden for a month at the time to be interviewed by the Swedish prosecution. He is not interviewed, so he goes to England. Contrary to some claims, he wasn’t running away from facing justice. He just got feed-up waiting around. This is when the unprecedented action of issuing an arrest warrant through Interpol occurs. It’s unprecedented because the nature of the allegation is generally considered too minor to use Interpol. [1] & [2]
From here on, Julian refuses to leave England, claims this is just an extravagant plot to extradite him to the USA. Which leads on to the next chapter of the UK court cases, the Ecuadorian embassy etc, etc, etc.
Apparently Marianne Ny was running for election to the European Union at the time. And a cynical person would conclude this was all just a publicity stunt to get her name in the paper.
WEAPONISING GENDER POLITCS vs SEEKING JUSTICE
Since then, hundreds of blogs and opinions have been published. They run the full gambit of claiming justice was never served to the women, to claiming malicious misuse of the legal system to punish men, to the attempts of the USA government to throw Julian Assange into Guantanamo Bay. And then there’s the stuff about Julian being a Russian asset! Reality has to be in there somewhere, right?
So what did the actual women involved want? They just wanted him to get an STI test so they could have peace of mind. An article piece published in a Swedish magazine at the time, has both women publicly calling for the State to drop the prosecutions. I can’t find that piece anymore, but there are other articles that claim those women withdrew co-operation with the Swedish State at the time.
One thing is clear here, trial by social media does not create justice, nor does the State-based incarceration system. Also human frailty is a thing. Unfortunately this also means that false allegations are a thing.
So, in a utopian revolutionary situation, how do we best protect the innocent, and give justice to a victim? That’s a huge topic, but relevant to discuss. It’s always good to remember no one is perfect, but most people do their best, or have something to contribute, or hit a low point. There is the old IWW slogan “Be gently on one another, so that together we can stand strong”. Now saying that is not the same as making excuses for abusive behaviour, cause yeah, some people are just arseholes who need to be stopped.
Without a doubt Julian Assange has done the hard-yards. He deserves a peaceful New Year with his family back here in Queensland.
Solidarity and a Happy New Year!
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