Consensual suffocation during sex still assault

A man has been convicted of assault for suffocating women during sex, reports legal newspaper Dagens Juridik.

A district court decided that, although the women had clearly given their consent, the asphyxiation was too dangerous to be legal, and an appeals court has now confirmed this judgement. The man was sentenced to 100 hours community service.

The 47-year old was first found guilty by Skellefteå district court. The court decided that the sex and the suffocation, to the point of unconsciousness, was consensual. Even though one of the women complains that she had not agreed to be strangled; the court writes that she had been suffocated 15 times during sex, and there was no sign that she had been forced or pressured into it, so it was assumed there was consent.

But based on a doctor's testimony the court decided that the strangling had been potentially lethal, and therefore unacceptable.

The appeals court agreed that, while the man had not been "reckless or rough", his actions were life-threatening and indefensible. The appeals court also lessened the sentence, to compensate the 47-year-old for the four year period that it took from suspicion to final verdict.

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