Stockholm: Following reports that French football star Kylian Mbappe is under investigation for rape in Sweden, attention has turned to the country’s legal process to see what unfolds next.

A Swedish prosecutor has confirmed that a rape investigation has been initiated after Mbappe and his entourage visited Stockholm from October 9 to 11. Although multiple media outlets have reported that Mbappe is the focus of the investigation, the prosecutor has not publicly confirmed the identity of the suspect.

Here are five key points about the Swedish investigative process:

Swedish prosecutor Malin Kuhn explained to AFP that once an investigation is launched, the initial steps typically involve gathering technical evidence and witness statements. The unidentified plaintiff has reportedly been interviewed by police, as noted by daily Aftonbladet.

It remains unclear whether Mbappe has been questioned as of Thursday, but his lawyer stated on Tuesday that he would cooperate with Swedish authorities if needed. 

While the investigation is in progress, it remains confidential, and the suspect, media, or any other parties are not informed about its developments, Kuhn stated. This confidentiality is in place to protect both the integrity of the investigation and the suspect, in case the inquiry is discontinued at an early stage. “In some cases the suspect has a story that is credible, and then the investigation can be dropped immediately,” the prosecutor remarked.

If Swedish police wish to interrogate Mbappe, they would prefer for him to come to Sweden for in-person questioning. Should a suspect be in another country and unable or unwilling to travel to Sweden, assistance can be requested for the interrogation. For EU countries, Sweden may ask that the domestic police conduct the questioning or request Swedish police to be present, Kuhn explained. If Mbappe refuses to travel and prosecutors believe the evidence is particularly strong, they may opt to issue a European arrest warrant.

Swedish law has two levels of suspicion. Prosecutors determine whether there is reasonable cause (the lower level) or probable cause (the higher level) to suspect someone has committed a crime. Newspaper Expressen reported that prosecutors have "reasonable cause" in the investigation involving Mbappe. The determination of suspicion level is a judgment call made by the prosecutor, Kuhn clarified, and this decision can change throughout the investigation.

The higher level of suspicion is applied when prosecutors believe they possess strong evidence, which is typically necessary for detaining a suspect. The suspect usually must also be suspected of committing a crime punishable by a prison sentence of over a year.

In 2018, Sweden amended its rape legislation to introduce a "consent law." Under this law, prosecutors must establish "an absence of consent" for a rape conviction, rather than proving the use or threat of violence or the victim's vulnerability. This law allows for rape convictions when a victim verbally says no but does not physically or verbally resist, and also when a victim remains passive and silent during the assault, a phenomenon referred to as "frozen fright."

The revised legislation, which emerged following the #MeToo movement, also created a new crime termed "negligent rape," applicable in situations where "someone should be aware of the risk that the other person is not participating voluntarily."

A 2020 review of this law by the Swedish National Council for Crime Prevention (Bra) revealed that rape convictions increased by 75 percent, rising to 333 in 2019 compared to 190 in 2017, the last complete year prior to the legal change. According to Bra data from November 2023, nearly 90 percent of reported rapes do not lead to prosecution. In 2022, there were over 6,000 reported rapes, resulting in more than 800 prosecutions, according to Bra statistics.

In Sweden, a rape conviction carries a prison sentence of up to six years, with a minimum sentence of three years. For aggravated cases, the sentence can extend to ten years, while "negligent rape" can result in a prison term of up to four years. AFP