Case No. B 2590-16 – F.L. through the Prosecutor General v. W.B.F.

A man, W.B.F., put his cell phone camera under a woman’s skirt and took pictures of her on an escalator in a subway station in Stockholm. The woman, F.L., did not notice the picture being taken, but was made aware of it shortly thereafter. Under Swedish law, taking insulting pictures of another person is prohibited only if the person being photographed is inside a house or in another location especially purposed for privacy. However, under Chapter 6 Section 10 of the Swedish Penal Code, one who by word or act molests another person in a sense that is intended to violate the person’s sexual integrity may be convicted for sexual molestation. The assessment must be made objectively. The Supreme Court found that the regulation must include situations where the offender does not physically touch the victim, and the victim does not notice the violation. If the act constitutes a clear offense of the victim’s right over his or her body, it should be equated with an act that involves physical touch. Hence, the Supreme Court ruled that W.B.F. should be convicted for sexual molestation and sentenced him to 60 daily fines of SEK 50 each, an amount which was based on his economic situation.