Q&A: Julian Assange allegations

Despite three legal hearings, there remains a lack of consensus about the status of charges against the WikiLeaks founder
Julian Assange
The WikiLeaks founder, Julian Assange. Photograph: Paul Hackett/Reuters

\Has Assange been charged with an offence, or are these just accusations?

Assange has not formally been charged with any crime. His lawyers insist the warrant against him is merely for questioning on the accusations made by the two women, Miss A and Miss W.

But Gemma Lindfield, for the Crown Prosecution Service, said in court that the European Arrest Warrant "quite clearly states [Assange] is wanted for prosecution".

Mr Justice Ouseley, the head of the administrative court who rejected the appeal against Assange's bail, acknowledged the dispute in his judgment: "There is a debate, which may yet be had elsewhere, over whether the warrant is a warrant for questioning or a warrant for trial." He was proceeding, he said, on the basis that it was an extradition warrant for trial. A charge by the requesting country is a prerequisite for a valid EAW.

What are the accusations or charges?

Four were outlined at the hearings:

That Assange "unlawfully coerced" Miss A by using his body weight to hold her down in a sexual manner.


That he "deliberately molested" Miss A "in a way designed to violate her sexual integrity".

That he had sex with a second woman, Miss W, without a condom while she was asleep.

None of those mentions rape, so why is Assange being described as an alleged rapist?

The accusation in the fourth point, involving Miss W, falls into the category of rape under Swedish law.

An arrest warrant, issued on 20 August, was withdrawn the following day, when one of Sweden's chief prosecutors, Eva Finné, said she did not think there was "reason to suspect that he has committed rape". On 1 September, Marianne Ny, the Swedish director of prosecutions, overturned Finné's judgment. "Considering information available at present, my judgment is that the classification of the crime is rape," said Ny.

What is the Swedish law on rape?

Three categories of rape are defined, with different sentencing guidelines. These were described in court on Thursday by Assange's barrister, Geoffrey Robertson QC, as "severe rape", "normal rape" and "minor rape". While the first carries a maximum 10-year sentence, he said, the last has no minimum sentence. The accusation relating to Assange and Miss W is held to fall into the third category.

Does this mean it would not be a crime under British law?

The charge that he had sex with Miss W while she was asleep would be a clear allegation of rape in this country. Legal experts consider that the third charge would directly correlate to an accusation of indecent assault in Britain.