Swedish prosecutor demands Supreme Court ruling on strangulation during sex

The Swedish Prosecutor-General has appealed to the Supreme Court, arguing that non-consensual strangulation during sex should be classified as rape.

The case involves a man who began strangling a woman during intercourse after they returned to her home following a party. While she initially consented to sex, she withdrew consent when he applied the chokehold.

A district court convicted the man of negligent rape, but an appeals court later acquitted him. The appeals court acknowledged it was blameworthy that he did not confirm her consent to the strangulation but ruled the act was not serious enough to warrant conviction, citing circumstances suggesting he had reason to believe her participation was voluntary throughout.

My Hedström, head of division at the Swedish Prosecution Authority, told SVT the Prosecutor-General considers strangulation inherently dangerous, requiring explicit confirmation of consent in any sexual act involving such violence. “This is such a dangerous act that one has a duty to ensure the other person is willing to participate,” Hedström said.

The Prosecution Authority notes there is no consistent legal precedent on strangulation during sex and that the practice appears to be increasing among young people. Hedström compared the act to strangulation in other contexts, such as a bar fight, emphasizing that it constitutes violence.

“It is important to send a message that if you engage in this type of activity, you must be very careful and ensure that everyone involved consents,” Hedström said, urging the Supreme Court to clarify the legal position.

The man’s defence lawyer, Anders Sjögren, told SVT the appeals court had conducted a thorough review and correctly concluded his client should be acquitted. “We see no reason for the case to be retried,” Sjögren said.