Söderman v. Sweden

(2013) 36 BHRC 257, ECHR Application no. 5786/08 (2013)

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Söderman v. Sweden

European Court of Human Rights
(2013) 36 BHRC 257, ECHR Application no. 5786/08 (2013)

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Facts

Eliza Söderman (plaintiff), a resident of Sweden (defendant), was 14 years old when she discovered that her stepfather had secretly filmed her taking a shower. Söderman’s mother reported the incident to Swedish authorities. A trial court found the stepfather guilty of sexual molestation and sentenced him to a suspended jail term, community service, and a fine. However, a Swedish appellate court reversed, ruling that under the then-current Swedish law, the stepfather could be guilty of sexual molestation only if he had intended for Söderman to discover his filming, which clearly had not been part of the stepfather’s plan. After reaching adulthood, Söderman lodged a complaint against Sweden in the European Court of Human Rights. In the meantime, Sweden had amended its sexual-molestation law to remove the intentional-discovery element that had shielded the stepfather from punishment.

Rule of Law

Issue

Holding and Reasoning ()

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