The then 18-year-old man was arrested but acquitted in the district court due to lack of evidence.
After the prosecutor appealed the verdict, the Court of Appeal made a different assessment and sentenced Yazied Mohamed to three years in prison for rape.
He must also pay 240,000 kronor in damages to Meya Åberg.
Yazied Mohamed is a citizen of Eritrea and the prosecutor requested that he be deported.
However, the Court of Appeal notes that the 19-year-old has refugee status.
In order to deport him, the law therefore requires that the act he has committed "constitutes a particularly serious crime and that allowing him to remain in Sweden would pose a serious threat to public order and security".
The rape of 16-year-old Meya is not a sufficiently serious crime to justify deportation, the Court of Appeal states, which refers, among other things, to the "duration" of the rape in its assessment.
"Rape is therefore in many cases to be considered as such an extremely serious crime that can result in a refugee being deported, but an assessment of all the circumstances of the individual case must be made.
Taking into account the nature and duration of the act in question, the Court of Appeal finds that the crime is indeed serious, but that it was not such an extremely serious crime that could lead to a decision to deport Yazied Mohamed. The deportation request must therefore be rejected," the Court of Appeal for Upper Norrland writes in its judgment.
The arbitrator Sammy Lie (SD) dissented and wanted to deport Mohamed.
