7 Dec 2010

WikiLeaks' Julian Assange arrested – but not for spying

The arrest of WikiLeaks founder Julian Assange has sparked a media scrum – but the charge against him is not for spying nor stealing documents. He is wanted for questioning in connection with rape, unlawful coercion and sexual molestation, writes Jonathan Rugman.

There are about a hundred journalists from all over the world waiting on the pavement outside Westminster Magistrate’s court for Julian Assange’s first court appearance after he was arrested earlier today. Every time a police van draws up at the back door, the cameras rush in the hope of a glimpse of what must be now one of America’s most wanted men.

The charge against him is not stealing documents or spying. American prosecutors have struggled to build that kind of case, because though it is illegal for US officials to leak documents, it may not be illegal for the WikiLeaks founder, an Australian citizen, to make those documents public.

Even a case that Assange received stolen government property may prove problematic. But after more than a week of embarrassing the world’s superpower by releasing classified American diplomatic cables, the law seems to have caught up with Assange on a completely different front.

I am told that the Swedish charge sheet says that he is wanted for questioning in connection with rape, unlawful coercion and sexual molestation, and that Scotland Yard says he has been arrested on suspicion of rape. The charges date back to two alleged sexual encounters in Sweden in August, though Assange has protested his innocence and says the sex was with consent.

One of Assange’s British lawyers, Mark Stephens, told me last week that the charge was “sex by surprise” with a possible 5000 krone fine, but it seems as if Swedish prosecutors have put together a tougher case than that. The police tell me it will be up to the Magistrate at a 2pm sitting to decide whether to detain Assange or grant bail. This morning’s Guardian newspaper quotes Mr Assange as believing that the bail demand could run up to £200,000.