pic: Jessica Gow /TT
Yesterday, the previous Minister for Rural Affairs (landsbygdsministern), and previous Center party politician, Eskil Erlandsson, was judged not guilty of sexual harassment by Stockholms District Court, DN reports. Erlandsson was accused of putting his hand on the thigh of three different women.
In one case, the court could not determine absolutely that the event had actually happened, and therefore dismissed the case.
In the second case, the court found that the defendant had indeed placed his hand on the woman’s pants-covered thigh not once, but twice, for a second or so. The court found, however, that this act did not have enough of a sexual nature to be criminal.
In the third case, the court found that the defendant had put his hand on the woman’s stockings-covered thigh, and had also fiddled with the hem of her skirt. Again, the court found that his touch did not have enough of a sexual nature as to be criminal. In a related judgement, the court did not find that any molestation (ofredande) had occurred either.
“Every touch that is perceived as unpleasant or unwished for isn’t prosecutable as molestation” the court wrote in a unanimous verdict.
But even Mårtin Schultz, SvD’s legal expert, wonders about this verdict just a little. “I wonder if there isn’t a gap between law and society’s standards here” Schultz writes. “Should it be allowed to briefly squeeze someone’s thigh for a moment? Should even momentary and less serious violations of physical integrity be protected by criminal law?”
Erlandsson first claimed he suffered from “the Viking sickness” (Vikingasjukan) in which the collagen in, say, the hand, thickens and shortens causing one or more fingers to crook – to crook and slip under the skirt lying on, say, the woman’s thigh you’ve just put your hand on, for instance.
To this, at least, the court gave no credence. But the verdict has made it clear that it’s ok to just give your female colleague a quick thigh squeeze because it’s not sexual enough for her to complain about.
It’s possible that jail time or day fines might be slightly over-prosecution (for more about day fines, see this blog) . But neither is it ok and something that should be put up with “because female” and boys will be boys. It’s too bad that the court could not render a more nuanced judgement. Just how many men’s thighs has Erlandsson put his hand on, one can wonder.