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UK govt threatens to storm Ecuador embassy 
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It seems to be a legal mumbjo-jumbo thing. Reading all the analysis as the bottom of that article just muddies the water even more. For a start, if a person forces sexual intercourse on another person when they are incapable of making the choice (asleep, drugged, restrained etc) - and the law does seem to say that at the point of trial they don't state whether the intended or actual victim was male or female - then that's rape. Ok fair enough, but the analyst (who isn't a lawyer, he's just analysing the law from a layman's POV) also says a number of things which seem to be easy enough to circumvent if you don't want to be accused of rape.

For example, if a person falls asleep during foreplay, then it's rape if the act of sexual intercourse is carried through to completion. Well, 2 things; 1 (slightly flippantly) if a person falls asleep during foreplay then you're not doing it right! ( :D ) but also, if a person falls asleep or unconscious during foreplay then you stop!People are not animals and incapable of controlling themselves. 2 if you're in a place where foreplay has already begun then that's not sex. Non-penetrative sex is an act in it's own right and separate from actual intercourse. If you don't want to be accused of rape, go to sleep fully clothed or sleep on the floor!

Interestingly, there doesn't seem to be any note in the law about sex between married people, or those who co-habit, I've always maintained that a certificate of marriage doesn't bestow rights or excuse forced sex, but the Swedes don't appear to mention that.

I can see why Assange doesn't want to face rape charges in Sweden, it seems that if you fall asleep with someone and any part of your body comes in contact with their genitals, that's rape in Sweden. We will never likely know the facts or the full story, I don't really want to, but I'm not going to make judgement on someone accused of rape in a country where just about anything can be construed as rape, even if there's no intercourse. Also, bearing in mind that extradition to Sweden will pretty much guarantee that his next stop is the US (where he really did do something naughty in their eyes) it feels like the Swedish case is just a door-opener.

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Sun Aug 19, 2012 1:38 pm
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US intends to chase Assange, cables show

EXCLUSIVE


Ecuador condemns UK stance on Assange
Ecuador's assembly votes to condemn the UK's threats to raid its London embassy as the international row heats

AUSTRALIAN diplomats have no doubt the United States is intent on pursuing Julian Assange, Foreign Affairs and Trade Department documents obtained by the Herald show.

This is at odds with comments by the Foreign Affairs Minister, Bob Carr, who has dismissed suggestions the US plans to eventually extradite Assange on charges arising from WikiLeaks obtaining leaked US military and diplomatic documents.

The Australian embassy in Washington has been tracking a US espionage investigation targeting the WikiLeaks publisher for more than 18 months.

The declassified diplomatic cables, released under freedom of information legislation, show Australia's ambassador, the former Labor leader Kim Beazley, has made high level representations to the US government asking for advance warning of any moves to prosecute Assange.

Briefings for the Prime Minister, Julia Gillard, and Senator Carr also suggest the Australian government has no in-principle objection to extradition.

On Thursday, Ecuador granted Assange political asylum at its London embassy on the grounds that, if extradited to Sweden to be questioned about sexual assault allegations, he would be at risk of further extradition to the US to face espionage or conspiracy charges.

Assange sought refuge at the embassy two months ago following the dismissal of his final legal appeal against extradition to Sweden.

Senator Carr has repeatedly dismissed suggestions that the US has any interest in prosecuting and extraditing Assange. In June, Senator Carr also told the ABC Insiders program: “I've received no hint that they've got a plan to extradite him . . . I would expect that the US would not want to touch this."

However, the Australian embassy in Washington reported in February that “the US investigation into possible criminal conduct by Mr Assange has been ongoing for more than a year”.

The embassy identified a wide range of criminal charges the US could bring against Assange, including espionage, conspiracy, unlawful access to classified information and computer fraud.

Australian diplomats expect that any charges against Assange would be carefully and narrowly drawn in an effort to avoid conflict with the First Amendment free speech provisions of the US Constitution.

The released diplomatic cables also show that the Australian government considers the prospect of extradition sufficiently likely that, on direction from Canberra, Mr Beazley sought high level US advice on “the direction and likely outcome of the investigation” and “reiterated our request for early advice of any decision to indict or seek extradition of Mr Assange”.

The question of advance warning of any prosecution or extradition moves was previously raised by Australian diplomats in December 2010 when they first confirmed that Assange was the target of what US Justice Department officials described as an "unprecedented'' investigation.

The Australians on that occasion explained that the advance warning would be appreciated ''so that ministers could respond appropriately''.

American responses to the embassy's representations have been withheld from release on the grounds that disclosure could "cause damage to the international relations of the Commonwealth".

Large sections of the released cables have been redacted on national security grounds, including parts of reports on the open pre-court martial proceedings of US Army Private Bradley Manning, who is alleged to have leaked a vast quantity of classified information to WikiLeaks.

Australian diplomats have highlighted the US military prosecution's reference to "several connections between [Private] Manning and WikiLeaks which would form the basis of a conspiracy charge" and evidence that the Justice Department's investigation has targeted the ''founders, owners, or managers of WikiLeaks'' for espionage.

However, the embassy was unable to confirm a claim in a leaked email from the US intelligence firm Stratfor that "[we] have a sealed indictment against Assange''. "There is no way to confirm the veracity of the information through official sources," the embassy reported to Canberra in February.

Briefings for both Senator Carr and Ms Gillard suggest that the Australian government has no in-principle objection to Assange's extradition to the US.

In response to any question on whether the government will guarantee that if Assange were able to return to Australia he would not be extradited to the US, the ministers were to simply say that it is "not appropriate" to comment in advance of "a formal determination on the merits of the case".

Senator Carr's office yesterday continued to insist Ecuador's asylum decision and Assange's circumstances remained a matter for Britain, Ecuador and Sweden.


http://www.smh.com.au/national/us-intends-to-chase-assange-cables-show-20120817-24e1l.html

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Sun Aug 19, 2012 7:59 pm
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ProfessorF wrote:
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AUSTRALIAN diplomats have no doubt the United States is intent on pursuing Julian Assange, Foreign Affairs and Trade Department documents obtained by the Herald show.

WTF? What's it got to do with Aussies?


Sun Aug 19, 2012 9:17 pm
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What?
I'd have thought most developed nations are paying mind to this situation.

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Sun Aug 19, 2012 9:36 pm
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jonbwfc wrote:
ProfessorF wrote:
Quote:
AUSTRALIAN diplomats have no doubt the United States is intent on pursuing Julian Assange, Foreign Affairs and Trade Department documents obtained by the Herald show.

WTF? What's it got to do with Aussies?

The guy's an Australian Citizen? :?

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Sun Aug 19, 2012 9:58 pm
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ProfessorF wrote:
What?
I'd have thought most developed nations are paying mind to this situation.

Yes, but it's hardly diplomatic to go on the national media and talk about it is it?


Mon Aug 20, 2012 8:28 am
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I say leave him there and let the embassy pay to feed him - at least everyone knows where he is and he's no threat to anyone. If the Swedes want him, let them sort it out with Ecuador.

I just wonder how long it'll be before they get fed up of him - he seems to be one of those people you could grow to dislike quite quickly.

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Tue Aug 21, 2012 12:00 pm
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dogbert10 wrote:
I say leave him there and let the embassy pay to feed him - at least everyone knows where he is and he's no threat to anyone. If the Swedes want him, let them sort it out with Ecuador.

I just wonder how long it'll be before they get fed up of him - he seems to be one of those people you could grow to dislike quite quickly.


I think this is the most sensible course of action. I don't understand why there's this sudden immediacy about getting him off to Sweden. The law isn't going anywhere.

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Tue Aug 21, 2012 12:32 pm
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