Outrage as Swedish court refuses to deport convicted rapist, PM promises crackdown

A Swedish appeals court’s decision not to deport a convicted rapist because his assault on a 16-year-old girl was not deemed "exceptionally grave" has ignited outrage, fueling a backlash against Sweden’s justice system.

The Court of Appeal for northern Norrland confirmed to Fox News Digital that the defendant, an Eritrean national and illegal immigrant, Yezied Mohamed, was sentenced to three years in prison for raping the 16-year-old girl from the northern town of Skellefteå, on Sept. 1, 2024. The court acknowledged that while the crime was serious, it did not meet the threshold for deportation because of its nature and short duration.

The ruling prompted swift condemnation from Prime Minister Ulf Kristersson, who released a video promising stricter deportation laws. "No one should have to worry about meeting their attacker or rapist on the street," Kristersson said. "Those who commit serious crimes in Sweden and are not Swedish citizens must leave the country."

In a written response to Fox News Digital, Judge Lars Viktorsson said the court considered both the nature and duration of the act, noting there was no use of weapon, and there wasn’t intercourse, and that "the duration of the incident had been short." "It is true that the duration of the rape was of significance in the assessment of the matter of deportation," Viktorsson stated, "However, the nature of the offense was at least as significant."

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Sweden's Prime Minister Ulf Kristersson attends a news conference on Sweden's NATO bid in Stockholm, Sweden, Tuesday Jan. 24, 2023. Nearly two years after Sweden formally applied to join NATO, its membership now hinges on convincing one country, Viktor Orbán's Hungary to formally ratify its bid to join the military alliance. (Pontus Lundahl/TT News Agency via AP, File)

Kristersson pledged to introduce "the toughest legislation in all the Nordic countries," stating that any crime resulting in more than a fine could lead to deportation. "With these new, stricter rules, six times as many people are expected to be deported. We are going further than any government has ever done before."

Migration Minister Johan Forssell echoed the prime minister's sentiment in a video he posted on X, calling the case unacceptable. "The victim’s right to safety must always outweigh the perpetrator’s right to stay in Sweden," he said. "Next year I will present new legislation that will make Sweden the toughest country in the Nordic region when it comes to crime-related deportations."

"We also need to review the international conventions that, until now, have made it harder to carry out necessary deportations… This is about justice, and about giving victims the dignity and closure they deserve," he stated.

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An exterior view of the Stockholm District Court in Stockholm, Sweden, is seen on Oct. 15, 2024. Yezied Mohamed was not tried at this court but at the Court of Appeal for Northern Norrland. (Jonathan Klein/AFP via Getty Images)

The District Court initially acquitted him, accepting that a rape had occurred but finding insufficient evidence that he was the perpetrator. After an appeal, the Court of Appeal overturned that ruling, concluding that Mohamed matched the description given by the victim and a witness, and that forensic evidence placed him near the scene.

The court sentenced him to three years in prison, the minimum for rape in Sweden, and ordered him to pay 240,000 Swedish krona, about $25,600, in damages. It ruled that while the offense was serious, it was not "of such an exceptionally grave nature" to justify deportation under refugee protections. One judge dissented, arguing he should be expelled.

The decision sparked global attention after social media posts claimed Mohamed avoided deportation because the rape "lasted less than ten minutes." While no specific timeframe appears in the judgment, the court confirmed that duration was one factor in its assessment.

Swedish journalist Christian Peterson told Fox News Digital the ruling’s wording—referring to the "character and duration" of the act—"became a flashpoint for public anger."

"The judges themselves determined which aspects of the crime were relevant and whether those were sufficiently severe to justify deportation," Peterson said. "That’s what makes this ruling so controversial."

Elon Musk shared a tweet that garnered nearly 10 million views criticizing Sweden's court systems leniency towards migrants. (Nathan Howard/Reuters)

A post by Swedish commentator Evelina Hahne, viewed nearly 10 million times and shared by Elon Musk, accused Swedish courts of leniency toward migrants and reignited a nationwide debate over crime and immigration.

Peterson said the case highlights a broader issue: Sweden’s difficulty deporting migrants even after serious convictions.

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"In Sweden it’s very difficult to deport migrants, even those convicted of serious crimes," he said. "This case became symbolic because people feel it shows how the system protects offenders more than victims."

He noted similar cases, including the 2016 murder of Elin Krantz, a young woman killed by an Ethiopian man with a residence permit, and recent reports of rapes in elderly care homes involving foreign-born workers.

A police car in Stockholm, Sweden on May 1, 2021. (Nils Petter Nilsson/Getty Images)

"Only after the right-wing coalition took power in 2022 did meaningful reforms begin to take shape," Peterson said. "Before that, the issue was considered too politically sensitive."

Yet still, he says, "Sweden did not join a Danish-Italian initiative within the European Union to reform the European Convention on Human Rights, which critics say limits the ability to deport convicted offenders. Denmark, Italy, and Austria signed on—Sweden did not."

As public anger mounts, Sweden’s government faces pressure to implement tougher policies. 

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Judge Viktorsson told Fox News Digital the court followed existing law and precedent, "but the power to change deportation standards lies with lawmakers. "