Published 19 May 2021 at 17.00
Domestic. Jönköping Afghan Alireza Alizadeh, 27, fell a 13-year-old girl to the ground, touched her breasts, tried to unbutton her belt and drag her into the woods. But according to the district court, it has not been “investigated” that the Afghan tried to rape the girl, so now he is instead sentenced to a couple of months in prison for sexual harassment.
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The assault took place on January 20, 2020 when the girl was on her way home from central Jönköping.
She got off the same bus as the Afghan, which she did not recognize before. During the walk, the Afghan followed the 13-year-old and tried to lure her with Christmas must.
Alireza Alizadeh then felled the girl to the ground. He touched her breasts, lay down on her and grabbed her belt and tried to tear it open. Then he tried to pull her in the jacket into the woods.
However, the 13-year-old managed to break free and run from there. On the way home, she met her father and told her, clearly cut off, that a man had tried to rape her. After the incident, she had Alizadeh's DNA on her hand, which she used to beat him so that she could break free.
The prosecutor wanted the Afghan to be convicted of attempted rape of a child.
states that it has been investigated that the assault took place in the way the girl told it.
But the court considers that “there is no investigation into the matter of Alireza Alizadeh's intentions”:
“For example, it has not been established that Alireza Alizadeh in connection with the act sexually touched himself or that he was undressed. Plaintiffs have not stated that Alireza Alizadeh said anything that makes it possible to draw conclusions about what he had intended to do. Nor has the plaintiffs stated that Alireza Alizadeh acted in any way that would allow safe conclusions to be drawn if he intended to subject her to sexual intercourse or sexual act, much less that it is possible to draw conclusions about the type of action he speculation about what could have happened if the course of events had continued can not be used as a basis for a conviction. “
According to the district court, the charge of attempted rape of a child can therefore not be upheld.
Alireza Alizadeh is sentenced instead of sexual harassment, to three months in prison. It actually means two months' imprisonment due to Sweden's system with two thirds release.
He must also pay SEK 18,000 in damages to the girl.
Alireza Alizadeh is allowed to stay in Sweden because the prosecutor did not have requested expulsion.