After reports surfaced that French football sensation Kylian Mbappe is under investigation for rape in Sweden, the spotlight has turned to the legal system of the Nordic country to understand the next steps.
A Swedish prosecutor has confirmed the initiation of a rape investigation following Mbappe’s two-day visit to Stockholm with his entourage on October 9-11.
While several media outlets have named Mbappe as the subject of the investigation, the prosecutor has not officially disclosed the suspect’s identity.
Here are five key points about the Swedish investigative process.
What Happens Next?
Swedish prosecutor Malin Kuhn explained to AFP that the initial steps after opening an investigation typically involve gathering technical evidence and witness testimonies.
The plaintiff, who remains unidentified, has been interviewed by the police, as reported by the daily Aftonbladet.
While it is unclear if Mbappe has been questioned as of Thursday, his lawyer stated on Tuesday that he would cooperate with Swedish authorities if needed.
The investigation is kept confidential to protect its integrity and the suspect’s reputation, especially if it is terminated early.
“In some cases, if the suspect’s account is credible, the investigation may be closed immediately,” the prosecutor noted.
Would Mbappe Need to Travel to Sweden for Questioning?
Ideally, Swedish authorities would prefer Mbappe to appear in person for interrogation. However, if he is unwilling or unable to travel to Sweden, the country can seek assistance for questioning.
For EU countries, Sweden can request local police to conduct the interrogation or have Swedish authorities present during the questioning process.
In case Mbappe declines to travel to Sweden and there is substantial evidence, prosecutors could opt for a European arrest warrant.
How Strong Are the Suspicions Against Mbappe?
Swedish law distinguishes between reasonable cause and probable cause for suspicion. Prosecutors determine if there is a basis to suspect someone of a crime.
Reports suggest that prosecutors have reasonable cause to investigate Mbappe, as per Expressen.
The level of suspicion is a subjective assessment by the prosecutor and can evolve during the investigation.
Probable cause is typically required for remanding a suspect in custody, especially for crimes carrying a prison term exceeding one year.
What Does Sweden’s ‘Consent Law’ Encompass?
In 2018, Sweden amended its rape laws to introduce a “consent law” that focuses on proving the absence of consent for a rape conviction.
The law allows for convictions even if the victim did not physically resist or verbally object, emphasizing the importance of explicit consent.
Additionally, the concept of “negligent rape” was introduced to address cases where one should have been aware of the lack of voluntary participation.
Recent data shows a significant increase in rape convictions since the law’s implementation, signaling a shift towards a more victim-centric approach.
What are the Potential Ramifications for Mbappe if Convicted?
A rape conviction in Sweden carries a prison term ranging from three to six years, with aggravated cases possibly leading to a sentence of up to ten years.
The offense of “negligent rape” could result in a maximum imprisonment of four years.
Published – October 17, 2024 06:07 pm IST
