Julian Assange's sexual behaviour was "disrespectful, discourteous and pushing the boundaries" - but not rape, the WikiLeaks founder's legal team insists, in a change of strategy they hope will save him from extradition to Sweden.
Assange and his new lawyers arrived at London's Royal Courts of Justice to appeal against
the decision to extradite him to Sweden, where he is alleged to have raped one woman and molested another.
Ben Emmerson QC, acting for Assange, did not paint his client in a favourable light as he described how Assange's sexual encounters with the two women had been consensual.
Previously, Assange's legal teams have focused on concerns that if their client is extradited to Sweden, he may then be extradited to the United States and face charges over his release of confidential documents, which he claims could see him face the death penalty.
Emmerson told Lord Justice Thomas and Justice Ousely that he was not challenging the fact that the two women "found Mr Assange's sexual behaviour in these encounters disreputable, discourteous, disturbing or even pushing towards the boundaries of what they were comfortable with".
But the sexual activities that occurred had taken place with consent and, unlike in Sweden, could not be criminalised in the English jurisdiction, argued Emmerson.
On August 13 last year, Assange was a guest at the Stockholm studio apartment of the first woman, known as AA, where the two had sex. Emmerson told the court how AA had initially welcomed Assange's sexual advances after they had been out for dinner one evening, but was concerned he did not want to wear a condom.
Eventually Assange consented to wear one, but it broke, which AA maintains Assange did on purpose, though this is not supported by forensic analysis.
Even were he to have done so, which Assange maintains he did not, Emmerson argued it would not constitute a crime under English law.
In the second case, Assange was a guest in the apartment of a second woman, known as SW. SW says she was awoken by Assange having sex with her, without a condom, a situation she had sought to prevent before the pair had fallen asleep some hours previously.
She asked Assange if he was wearing protection, he replied that he wasn't, yet the two continued.
- Independent
