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Wednesday, July 13, 2011

Julian Assange 'faces genuine accusations'

WikiLeaks founder Julian Assange faces genuine accusations of "non-consensual, coerced sex", the High Court was told today.

Statements made by two women who have accused Assange of sexual misconduct - one of whom said she was "roughed up" - plainly showed they did not freely consent, said a QC representing Swedish prosecutors.

Lawyers for Assange, 40, are challenging a ruling by District Judge Howard Riddle at Belmarsh Magistrates' Court in south London that he should be extradited to Sweden to face investigation.

Although not charged, the Australian computer expert is wanted to answer questions on three allegations of sexual assault and one of rape involving the women, referred to as AA and SW, in Stockholm last August.

Assange says the allegations against him are politically motivated, particularly after the WikiLeaks website published a mass of leaked diplomatic cables that rocked the US government.

Yesterday his lawyers argued that a European arrest warrant (EAW) was invalid because it contained an inaccurate account of what had occurred in Stockholm, and the women's own statements showed sex had taken place with their consent.

But today, the second day of the High Court hearing in London, Clare Montgomery QC, appearing for the Swedish prosecuting authority, dismissed the Assange claims.

Ms Montgomery said it was "perfectly plain" that the women had made allegations of non-consensual, coerced sex.

That was "clearly the only legitimate inference one can draw from the plaintiff's statements".

Ms Montgomery told Lord Justice Thomas and Mr Justice Ouseley the women described circumstances "in which they did not freely consent without coercion" but agreed to sex because of physical force, or consented "already having been trapped into a position where they had no choice, and they submitted to Mr Assange's attentions".

They had "let him continue", said Ms Montgomery.

"This is non-consensual. It is coerced, and the words used - 'I let him' - means non-consent," said the QC.

She referred to a statement made by AA in which she said: "I didn't make a free choice. He had already roughed me up by tearing off my clothes and breaking my necklace."

Ms Montgomery argued that the first woman (AA) had been a victim of "coercive violent sex".

"They (the statements) are clearly describing coercive, violent sex of the sort where the court would be entitled to infer there was no consent and Mr Assange didn't believe there was any," she said.

"The (first) charge relates to actions which nobody suggested she was positively consenting."

Ms Montgomery said the woman had later made her feelings "crystal clear" to a friend, saying "what had happened had gone beyond the limit of what she consented to".

She said the first woman also complained that Assange had "broken a condom" and added: "The complaint is unprotected sexually intercourse where consent had only been given to protected intercourse."

On one night the first woman had agreed to share a single bed with Assange but not to be sexually "touched", Ms Montgomery added.

Prosecutors alleged that the woman's "sexual integrity" had been "violated", judges were told.

Ms Montgomery said evidence was "absolutely clear" in relation to the fourth charge - an allegation that Assange raped a second woman, referred to in court as "SW".

"The evidence is absolutely clear that this complainant may be legitimately described as given evidence that she had been penetrated whilst asleep," said Ms Montgomery.

"Furthermore being penetrated in a way which is absolutely clear ... she had not consented to, namely unprotected. It is doubly clear there is no consent."

Ms Montgomery said the fact that the woman may later have agreed to let Assange continue did not change the "initial" act.

"She may later have acquiesced," added Ms Montgomery. "That didn't make the initial penetration anything other than an act of rape."

Ms Montgomery said SW had later told a friend that Assange "had unprotected sex with her when she slept".

SW had also told the friend Assange "wanted to impregnate women" and "preferred virgins because he would be the first to impregnate them".

She told the friend she had been "shocked and paralysed" and had "not really understood at first what was happening", said Ms Montgomery.

SW's boyfriend had told police that "this is a woman who never had unprotected sex", judges heard.



Article Source KBG Test Blog (http://rc.kbg.me)

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