Discourteous and disrespectful, but not rape: the Assange defence

Julian Assange's sexual behaviour was "disrespectful, discourteous and pushing the boundaries" – but not rape, the WikiLeaks founder's legal team insists, in a change of strategy they hope will save him from extradition to Sweden.

Mr Assange and his new lawyers arrived at the Royal Courts of Justice in London to appeal against the decision to extradite him to Sweden, where he is alleged to have raped one woman and molested another.

Ben Emmerson QC, acting for Mr Assange, did not paint his client in a favourable light as he described how Mr Assange's sexual encounters with the two women had been consensual.

In previous hearings Mr Assange's legal teams have focused on concerns that if their client is extradited to Sweden, he may then be extradited to the US and face charges over his release of confidential documents, which he claims could see him face the death penalty.

Mr Emmerson told Lord Justice Thomas and Mr Justice Ousely that he was not challenging the fact that the two women "found Mr Assange's sexual behaviour in these encounters disreputable, discourteous, disturbing or even pushing towards the boundaries of what they were comfortable with".

But the sexual activities that occurred had taken place with consent and, unlike in Sweden, could not be criminalised in the English jurisdiction, argued Mr Emmerson.

On 13 August last year, Mr Assange was a guest at the Stockholm studio apartment of the first lady, known as AA, where the two had sex. Mr Emmerson told the court how AA had initially welcomed Mr Assange's sexual advances after they had been out for dinner one evening, but was concerned he did not want to wear a condom.

Eventually Mr Assange consented to wear one, but it broke, which AA maintains Mr Assange did on purpose, though this is not supported by forensic analysis.

Even were he to have done so, which Mr Assange maintains he did not, Mr Emmerson argued it would not constitute a crime under English law.

"Even if it had been a complete and deliberate deception," Mr Emmerson said, "It would not be a crime in this jurisdiction."

In the second case, Mr Assange was a guest in the apartment, and bed, of a second woman, known as SW. SW says she was awoken by Mr Assange having sex with her, without a condom, a situation she had sought to prevent before the pair had fallen asleep some hours previously.

She asked Mr Assange if he was wearing protection, he replied that he wasn't, yet the two continued. "She may not have enjoyed the experience, but she clearly consented to it," Mr Emmerson said.

Mr Assange has always maintained that the charges against him are politically motivated, and are a consequence of his having leaked thousands of confidential US diplomatic documents, through the WikiLeaks site.

Today the court will hear from barristers acting for the Swedish Prosecution Authority, after which the judges will consider their verdict.

Start your day with The Independent, sign up for daily news emails
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksA special investigation by Andy McSmith
Sport
Kim Sears is reported to have directed abuse at Berdych
tennis
Arts and Entertainment
Cold case: Aaron McCusker and Christopher Eccleston in ‘Fortitude’
tvReview: Sky Atlantic's ambitious new series Fortitude has begun with a feature-length special
Voices
Three people wearing masks depicting Ed Miliband, David Cameron and Nick Clegg
voicesPolitics is in the gutter – but there is an alternative, says Nigel Farage
Voices
The veterans Mark Hayward, Hugh Thompson and Sean Staines (back) with Grayson Perry (front left) and Evgeny Lebedev
charity appealMaverick artist Grayson Perry backs our campaign
News
i100
Voices
A mother and her child
voices
News
people
Sport
Chelsea manager Jose Mourinho
footballI have never seen the point of lambasting the fourth official, writes Paul Scholes
Life and Style
Vote green: Benoit Berenger at The Duke of Cambridge in London's Islington
food + drinkBanishes thoughts of soggy school dinners and turn over a new leaf
News
Joel Grey (left) poses next to a poster featuring his character in the film
peopleActor Joel Grey comes out at 82
News
i100
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Ashdown Group: Marketing & Sales Manager

£40000 per annum: Ashdown Group: A reputable organisation within the leisure i...

Tradewind Recruitment: Science Teacher

£90 - £140 per day: Tradewind Recruitment: I am currently working in partnersh...

Recruitment Genius: Doctors - Dubai - High "Tax Free" Earnings

£96000 - £200000 per annum: Recruitment Genius: Looking for a better earning p...

Recruitment Genius: PHP Developer

£32000 - £36000 per annum: Recruitment Genius: A rapidly expanding company in ...

Day In a Page

Isis hostage crisis: The prisoner swap has only one purpose for the militants - recognition its Islamic State exists and that foreign nations acknowledge its power

Isis hostage crisis

The prisoner swap has only one purpose for the militants - recognition its Islamic State exists and that foreign nations acknowledge its power, says Robert Fisk
Missing salvage expert who found $50m of sunken treasure before disappearing, tracked down at last

The runaway buccaneers and the ship full of gold

Salvage expert Tommy Thompson found sunken treasure worth millions. Then he vanished... until now
Homeless Veterans appeal: ‘If you’re hard on the world you are hard on yourself’

Homeless Veterans appeal: ‘If you’re hard on the world you are hard on yourself’

Maverick artist Grayson Perry backs our campaign
Assisted Dying Bill: I want to be able to decide about my own death - I want to have control of my life

Assisted Dying Bill: 'I want control of my life'

This week the Assisted Dying Bill is debated in the Lords. Virginia Ironside, who has already made plans for her own self-deliverance, argues that it's time we allowed people a humane, compassionate death
Move over, kale - cabbage is the new rising star

Cabbage is king again

Sophie Morris banishes thoughts of soggy school dinners and turns over a new leaf
11 best winter skin treats

Give your moisturiser a helping hand: 11 best winter skin treats

Get an extra boost of nourishment from one of these hard-working products
Paul Scholes column: The more Jose Mourinho attempts to influence match officials, the more they are likely to ignore him

Paul Scholes column

The more Jose Mourinho attempts to influence match officials, the more they are likely to ignore him
Frank Warren column: No cigar, but pots of money: here come the Cubans

Frank Warren's Ringside

No cigar, but pots of money: here come the Cubans
Isis hostage crisis: Militant group stands strong as its numerous enemies fail to find a common plan to defeat it

Isis stands strong as its numerous enemies fail to find a common plan to defeat it

The jihadis are being squeezed militarily and economically, but there is no sign of an implosion, says Patrick Cockburn
Virtual reality thrusts viewers into the frontline of global events - and puts film-goers at the heart of the action

Virtual reality: Seeing is believing

Virtual reality thrusts viewers into the frontline of global events - and puts film-goers at the heart of the action
Homeless Veterans appeal: MP says Coalition ‘not doing enough’

Homeless Veterans appeal

MP says Coalition ‘not doing enough’ to help
Larry David, Steve Coogan and other comedians share stories of depression in new documentary

Comedians share stories of depression

The director of the new documentary, Kevin Pollak, tells Jessica Barrett how he got them to talk
Has The Archers lost the plot with it's spicy storylines?

Has The Archers lost the plot?

A growing number of listeners are voicing their discontent over the rural soap's spicy storylines; so loudly that even the BBC's director-general seems worried, says Simon Kelner
English Heritage adds 14 post-war office buildings to its protected lists

14 office buildings added to protected lists

Christopher Beanland explores the underrated appeal of these palaces of pen-pushing
Human skull discovery in Israel proves humans lived side-by-side with Neanderthals

Human skull discovery in Israel proves humans lived side-by-side with Neanderthals

Scientists unearthed the cranial fragments from Manot Cave in West Galilee