The girl had laid down to sleep on a sofa during a New Year’s party. The 49-year-old reportedly lifted up the girl’s skirt and photographed her genitals. The man, whose teenage son was hosting the party, was indicted on charges of sexual harassment, local newspaper Hallandsposten reports.
Citing several other cases, the Halmstad district court said that the man had not committed a crime. There is no general prohibition against photographing people without their consent. The same applies to people who are asleep.
The fact that other people have seen the photograph, as claimed by the prosecutor in this case, doesn’t make the incident a punishable offense either, according to the court.
The court cited a Swedish Supreme Court (Högsta domstolen) case that cleared a man who had been brought to trial for filming sexual intercourse without the consent of the woman involved.