The fifty year old man who had his finger knuckle-deep in a ten year old girl is found “not guilty” of rape in the Sweden’s Courty-Court (Hovrätten).
Oh, no, the question wasn’t whether or not the man had had his finger up her hoohaa. That’s beyond doubt to the court. The question was whether or not he’d had it deep enough to constitute rape. At least according to four out of five judges in the case.
This verdict has been… shocking. To the media. To the public. And not least of which to the Swedish legal system. As it stands, at the time of writing, the perpetrator stands freed of all charges, where he had previously been sentenced to three years in jail for rape by the first instance of Swedish law, the County Court (Tingsrätt). But now, right this second, the man is technically innocent.
The verdict came by the reasoning that the ten year old girl, the prepubescent mind you, didn’t use the “correct” word to describe her vagina. The word the girl used, “snippa”, technically refers to a woman’s outer genitalia, and not the inside of it. Despite the fact that the girl made a demonstration, of sorts, to the court of how much of the man’s finger had been inside her.
This is… upsetting. Frustrating, sure enough. Infuriating, understandably. And taken at face value, it is a fucking travesty. A miscarriage of justice, as they say…
But… this sort of legal dumbfuckery isn’t unheard of. The Swedish courts are divided in three. All cases that are heard first pass through stage one, the county courts (Tingsrätt), where a case is judged and most often that’s the end of it. Sometimes, when a ruling is protested, the case can wander up to the Courty-Court (Hovrätt). Who make their own judgements. And sometimes, they judge a case so anal-retentively that absolutely no one is happy with the ruling. Only to force the case up to the last rung of the ladder. The Swedish Supreme Court (Högsta Domstolen). A court designed to either set legal precedent, or, on occasion, make it perfectly clear that the way the law is written (by politicians) is too fucking dumb for the courts to make use of it.
This is, sometimes, how it goes. And the courts are too opaque about this process for the public to know until afterwards. And seeing as careers are made and broken by the noise such a circus generates, it is only natural that every pundit and “expert” from here to Abisko will want to have their say to drum up a storm and stink.
But these storms only roars because of a prime misconception about our judiciary system. Namely; that people believe that the law dictates what is right and what is wrong. That the courts are a moral arbitrator, awarded the responsibility to guide the population in lieu of religion to lead righteous lives.
But it is not. That has never been the courts’ responsibility. That’s what the marketing says, of course, because we’re supposed to obey the Law like good little citizens as if the word was given from on up high (and not from the populist ass-hat politicians of the government). More often than not, the Courts themselves think the Law is dumb as bricks, and sometimes they make a fuss just like this to make a point.
The Law is not a moral compass. The Law is not stone tablets, carved by heavenly lightning. The Law is a sickly homunculi, cobbled together by deranged monkeys in a gilded zoo. The Law is written to impose Order. No, I’m sorry, not even Order with a capital O, but just plain garden-variety order. The sort of order that you switch out more often than your morning cereal. A favourite jar of marmalade is switched out less often than the order imposed by The Law. An order that seeks to control people to the highest extent it can get away with, in the greatest detail it can conceive, because as it turns out, its just another set of crazed monkeys out there who elected the ones into the gilded zoo to begin with. People are too dumb and unruly to rule themselves. If they were not, we would need no imposed order, and no Law.
Right and wrong, moral refinement; that is a conundrum for dead philosophers. Not for a mad public, a populist parliament, and especially not for the appointed courts. But that’s not what the narrative tells us. So when once upon a midnight dreary, the Law demonstrably fails, when it commits something so obviously Wrong, some people act is if the Gods themselves have shat the bed. When in fact it may just be the mechanics having hawked a loogie into the overly complicated cogs of kitchen cabinet-grade order, just to try and make their overseers notice that something’s wrong.
/Sebastian Lindberg 28/2-2023