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Here at Ask the Lawyer, you have the opportunity to ask a lawyer anonymous questions related to law and justice. Scroll down to read other people's questions and the lawyer's answers. Tjejjouren West cooperates with Mirlex law firm


Questions and answers

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Questions and answers

I was raped by a guy who was over 20 when I was 14. The rape took place many years ago. How long afterwards do I have any legal recourse? 

"Since you were under 15, this is child rape. This is exempt from the statute of limitations, which means you can report it and have the case heard."


Is it a crime if your partner has been so harsh that you have been bruised by them?

"It depends on the context in which it happened, the partner's intent and how you perceived it. It could be assault, minor assault or causing bodily harm. But to answer this question, more information is needed, including the extent of the injury. Personal injury requires that the injury is not minor. Furthermore, the question is what the partner's intention was. Whether it was intentional, i.e. whether there was intent to injure, whether it was negligent or accidental."


If you've been tricked into having sex and finally agreed to it, is that a crime? Is it sexual assault or rape?

"Theremay be a case of abuse but need more information about the actions of those involved and the nature of the situation. We also have something called negligent rape. There are different criteria for different crimes."

Addendum from Tjejjouren West: Explanation of the word "props":
Each team normally sets a number of conditions. In order for a law to apply, one or all of these conditions, or prerequisites, must be met.


If you are 15 and your girlfriend is 14, can you have sex?

"Sexual intercourse with someone under the age of 15 is considered child rape when it is considered that someone under the age of 15 cannot give actual consent."


I am a Thai citizen currently living in Sweden. I am very interested in Thai politics and have expressed my views on the King and the government. I have received threats and hatred from others who have different political views both on youtube and facebook but also physically when they showed up at my house. Pictures have also been taken and livestreamed from my house which has led to someone finding me and scratching my car. I have also been approached by a woman who threatens to report me and who continues to contact me despite me asking her to stop. She also says that she has reported me and that I will receive a letter from her lawyer.

What can I do to make them stop threatening and persecuting me? I want to continue to have my youtube channel but now don't have much political statement.

"From the information you have provided, you may have been the victim of various forms of crime such as molestation, vandalism, etc. I would advise you to contact the police and explain your situation."


Is it illegal for my school to deny me the right to pray inside the school during recess?

"Based on the fact that you have freedom of religion in Sweden, the school's actions can be interpreted as discriminatory and therefore illegal. However, there are a number of different circumstances that must be taken into account in such an assessment."


Hi, if you are found unconscious in a car after an accident when you drove off the road and then you are taken to hospital and they take a blood test and see that you have a blood alcohol level that is punishable, can you lose your driving licence if no one has seen you driving and there is no evidence that you drove the vehicle? Since you were only found in the vehicle a while later.
Isn't it obvious, but can you be convicted if there is no proof that you were even driving, but only found in the car?

"That's right. It depends on whether you were considered the driver of the car. If it cannot be established whether the person was the driver or a passenger, they cannot be charged or convicted of drink-driving. This is because it is not illegal to be drunk in a car as a passenger."


Hello, The question concerns SoL as I have been placed in another municipality by the municipality I am registered in because I go to school there and have all my social support there. I have been living in supported accommodation during the investigation period but they want to move me back to my home municipality where my parents are very established and I consider it threatening. The answer I received is that I have to move back because "my parents have a duty of care (attending secondary school) but will not pursue this and the local authority will only offer you help within the local authority because it does not appear that you have any care needs but we will investigate the need for protection". However, I feel they have diminished everything I have said but I wonder what I can do to continue to be placed in the local authority I am in now - is there anything in the law that protects me or can put me in a better position to pursue this?

"Now I don't know the reason why you are placed away from your parents but from the information I get here it indicates some kind of care deficits on the part of the parents that make you need to be protected from them. If this is true then I would say that there is a need for care in such cases. But I would need to know more about the case in order to give a clearer answer."


A guy came to talk to me on the internet and he was upset that I didn't answer. So he threatened and insulted me and said bad things in many ways.And he said he would inform the police to send me back to Thailand. He said I don't have a Swedish passport, but I do. I have a permanent visa to stay here.

Is it illegal to make false threats? I feel discriminated against.

"Reporting someone to the police on false grounds is a crime called false confession. Another question is how the threats were made. It could be a question of harassment or unlawful threats, depending on the way in which it was done."


Hi! I am a 12 year old girl who has been sexually assaulted on Snapchat. It's been over a month since it happened, but I'm just wondering if it's too late to report it to the police? Since I don't have much evidence or anything.

"It's not too late to report, but it would be good if you could back up your story with some kind of evidence. It could be a picture of the chat, username etc."


Hi. Is it illegal to name a person who has sexually assaulted you? Unless the person is convicted in court or something.

"There is a risk that it will be defined as defamation.

Addendum from Tjejjouren West: 

It can be difficult to know what exactly defamation means. Defamation could be described simply as not saying anything about other people that makes them appear less worthy in the eyes of others. To simplify even further, you could say that you must not say anything that makes others think badly of someone. A common criminal offence is to label someone as a criminal."


How do you know that another person has given you consent? Is it just by words or what counts as consent?

"It is not clear from the question what the consent requested is for - therefore it is difficult to answer legally.

Addendum from Tjejjouren West: 

When you are going to have sex or otherwise be physical with a person, you need the consent of everyone involved. The fact that a person does not say no or is silent does not mean that there is consent.
You can read more about consent here
You can also watch this clip which explains consent in a simple way. Link to clip
"


Hi. My daughter 30 years old suffers from mental illness, plus various diagnoses. I have been made aware of her selling sex to men. This little 30 year old is a little child psychologically, with her diagnoses.
What should I do? What can we do?

"Unfortunately, this is not a legal issue.

Addendum from Tjejjouren West: 

- It sounds like you and your daughter are having a hard time! From your story, it sounds like your daughter might be having sex as a self-harming behavior? Could there be traumas of her own your daughter has that she needs to work through and go to therapy for? 

There are also associations that provide both support and emergency help to people who sell sex or have been sexually abused.

- Examples of associations/organisations to contact are: https://www.talita.se/

- Association Together discussion group: https://www.foreningentillsammans.se/stodhttps://www.foreningentillsammans.se/stod

- If your daughter is having difficulty making ends meet, you can also apply for housing assistance from the municipality. 

- Our final tip is to try to get a SIP - coordinated individual plan. This is a way of forcing collaborative meetings with the health service, they must not deny you this. However, the person needs to have contact with other agencies, such as social services: https://www.uppdragpsykiskhalsa.se/sip/

We hope this can help you move forward! All the best."


Is it illegal to threaten to distribute nude pictures??

"It can be a crime to disseminate nude images and also a crime to threaten to disseminate nude images. In this case, if it is only a threat, it falls within the scope of unlawful threats, Chapter 4. 5 of the Criminal Code - "Anyone who threatens another person with a criminal act in a way that is likely to cause the threatened person to seriously fear for his or her own or another person's safety, property, freedom or peace, shall be sentenced for unlawful threat to a fine or imprisonment for up to one year".


If you have been raped but have not reported it because you have been feeling extremely bad but now you have got help and want to report it 5 months later, is it likely that he will be convicted of it or will he get away with it. He was 18 I was 15.

"Unfortunately, we can't answer how likely it is that he will be convicted or whether he will get away with it. However, it needs to be investigated by the police and if you have witnesses or other evidence to support that the crime took place, it is a good idea to submit it when you report the crime to the police."


I have adhd and depression. I am 16 years old and would like to have a contact family to stay with sometimes. I don't know if I will be living in the same city this fall. How do I get a contact family?

"You can apply for a contact family through the social services in the municipality where you live."


My ex has crude sexual images of me and he is a psychopath through and through. I'm afraid he'll leak the pictures if I report him for rape, among other things, or apply for a restraining order (he SWISHES me at this point...). What should/can I do?! Help me

"You can try to persuade him to delete the pictures of you. If he distributes the photos or threatens to distribute them if you file a police report, he may be guilty of a crime. ."


Hi my son is 12 years old we were at court 2019 and he doesn't want to see his dad. The father has visitation every other weekend. Last time dad was drunk and taken by the police and was reported and aggressive. Can I deny visitation. Does anyone listen to their son?

"If you consider that the access is associated with risks for your son, you can refuse access. As I understand your question, what you are describing has taken place during the access, which your son should not have to witness. However, you should have a dialogue with the social services about this in order to avoid any allegations of abuse by the child's father.

Your son has reached an age where his will is also important, so his voice should also be heard by social services."


If someone says something homophobic, for example that homosexuality does not exist, that people who "claim" to be homosexual are inferior to others, or that the person hates homosexuals, is that a crime?
I've heard that it varies depending on how many people are there listening, i.e. whether it's a private conversation or not? If so, where is the line?

"This question cannot really be answered as it depends on a number of different circumstances. You can read more about hate crime here: https://polisen.se/lagar-och-regler/lagar-och-fakta-om-brott/hatbrott/"


If my ex has threatened me on snap and I report it, do my parents have to go to the police?


"You can choose to make a police report on your own, however your parents will be informed of your report if you are under 18 years old. If you are then called in for questioning, your parents do not need to accompany you. As a victim of crime, you usually have the right to have an advocate present during police questioning."


Do I have to live with my dad? He says mean things to me and we really don't get along.


"If the case has been closed, you have the right to request a review of the closure decision, which is a request to have the decision amended. An appeal is made in writing and sent to the authority where the decision was taken."


Hi, my daughter has told me that she has been sexually assaulted. We reported it to the police and her daughter had to be interviewed. We parents were not allowed to be involved and we were not given any information. Now we have received the letter that the police are closing the case because they have not found any evidence. How do we proceed with this so that my daughter gets help?


"You can choose to live with your mother and hope that your father accepts it. If your father does not accept your choice, you can contact another adult at school or the social services in your municipality. You should not have to live with a parent you do not like."


I wonder if I have to live with my mother if I don't want to. I just want to live with my dad?


"You can choose to live with your father and hope your mother will accept it. If your mother does not accept your choice, you can contact another adult at school or the social services in your municipality."


Hi I am 14 years old and will be 15 next year. I am dating a guy who is 18. Massa says it's illegal and I wonder if they are right? And what can happen then?


"Your relationship itself is not illegal. However, since you are under 15, it is illegal for your boyfriend to have sexual intercourse with you. The Criminal Code states that anyone who has sexual intercourse or performs a similar act against a person under the age of 15 can be convicted of child rape."


If I tell the school counsellor something, will she tell me?


"A counsellor has a duty to report, which means that he or she is obliged to report a concern to the social services if, in the course of his or her work, he or she becomes aware of or suspects that a child is being abused. There is therefore no guarantee that the counsellor will not report a concern if he or she believes that you are at risk of harm. "