The 41-year-old African who exposed his genitals to a six-year-old child in a cafe where he was working at the time, was released by the district court, who found that his explanation that the child was “curious about his skin color” was reasonable. But now the man, originally from Gambia, is being convicted by the court of appeal for sexual abuse – and has once again been released with a fine.
By – Brünnhilde
On May 11, 2017, the waiter was working a shift at a café in Sollentuna when a woman with two children entered. While the woman stood at the counter, she witnessed the Gambian man showing parts of his penis to one of her children.
During police interrogation, the affected child, described by the Attunda District Court as a “hen”, told that the African first pulled up his shirt and revealed his stomach before clutching at his pants and exposing himself.
The man later defended himself by showing “only” parts of his penis for the child, claiming the six year old had “asked him” to do it by saying “pippi”.
“I thought the child was curious about my skin color,” he explained.
Attunda District Court believed the 41-year old African man and released him based on his story.
“[The Gambian] has shown only his penis because Privacy AA was curious and wanted to see it because of the [the gambian’s] skin color. [The Gambian] can not, in these circumstances, be deemed to cause discomfort to Privacy AA. The prosecution must therefore be dismissed,” wrote the district court.
Svea Court of Appeal, however, is of a different opinion:
“Under these circumstances, as an adult appearing to a small child, according to the court of law, it is typically assumed to cause discomfort to the child, regardless of whether the child himself has initiated the adult’s appearance or not,” the court of law writes.
The man is a citizen of Gambia and formerly without a criminal record. He was previously been married to a Swedish woman, born 1954, before a joint divorce application was filed in April 2016. Today he is married to another Swedish woman, born 1979.
The African man is sentenced by the Court of Appeal for sexual abuse in the amount of SEK 4,200 in daily fines. He will also pay a fee of SEK 800 to the victims fund. However, the child victim will not receive any payment in damages.
Read more: From 2018/06/29