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The statutory law on rape was reformed in 2018 in Sweden, introcucing involuntariness as the essential part of the actus reus element of rape, and also the new offence of negligent rape. A minor amendment entered into force in 2022. But what areas of attrition exist in the Swedish rape law? And what lessons can be learned from the Swedish rape law?, År 2018 genomfördes en reform av den svenska sexualbrottslagstiftningen, som bland annat innebar att "frånvaro av frivillighet" (i det vardagliga språket mer känt som samtyckesreglering) introducerades som ett centralt objektivt rekvisit för våldtäktsbrottet. Dessutom infördes det nya brottet oaktsam våldtäkt. En mindre lagändring trädde också i kraft 2022. Men vilka skevheter döljer sig egentligen bakom den så kallade samtyckesregleringen? Och vad kan vi lära oss av den svenska våldtäktsregleringen?

This chapter focuses on the Swedish regulation on rape, with emphasis on a reform of the statutory law in 2018 that introduced involuntariness as the essential part of the actus reus element of rape, and also the new offense of negligent rape. To analyze the current Swedish legal framework on rape, a contextual understanding of the socio-political setting is necessary. The chapter therefore begins by portraying these features. There follows an overview of the actus reus element of rape, including a brief historical and political background of the 2018 reform, and also an overview of the mens rea element of intentional rape and negligent rape. Following this, the chapter highlights and discusses the areas of attrition present in the current Swedish provisionsons on rape.

In Sweden, the Welfare State and gender equality have fused, as illustrated by e.g. prioritizing gender equality in several policy areas, which to a high extent include criminal law and policy. Since the 1970s reforms concerning sexual offences have been supported by gender-equality arguments. Recently, the #metoo movement affected the regulation on sexual offences. In light of the #metoo movement, a reform was made in 2018, which introduced involuntariness as an actus reus element in the provision on rape and, also, negligent rape as a new offence. But what lessons can be learned from Sweden? Can statutory reform actually contribute to correct attrition in sexual offences? When analyzing the 2018 reform, particularly the statutory law on rape, two areas of attrition exists: (1) the construction of the statutory law, (2) the gap between the statutory law, its policy background and the case law. Consequently, there are disconnects between, on one hand, the construction of the statutory law and its application, and on the other the political ambition of the 2018 reform. This, in turn, results in ambiguity in the application of the rape provision, suggesting a lack of legal certainty and foreseeability. Evidently, although the 2018 reform politically marked an important normative shift, several legal issues were left unsolved. Until adjusted, the attrition identified, will remain., Konferensbidraget presenterades vid Stockholm Criminology Symposium 2023, som hölls mellan den 12-14 juni 2023.

Publicerad: 2023-03-12

Publicerad: 2022-10-12

I ”Övernattningen II” tar Högsta domstolen ställning till om den åtalade gärningen utgjorde en straffbar oaktsam våldtäkt eller om den inte nådde upp till vad som krävs för en oaktsam våldtäkt. Med utgångspunkt i förarbetena, landar Högsta domstolen i att det inte var fråga om sådan oaktsam våldtäkt som är straffbar. JP Infonets expert Dennis Martinsson frågar sig om så mycket nytt egentligen kom ut av Högsta domstolens avgörande., Publicerad: 2022-08-10

Publicerad: 2022-06-19

Publicerades i Nerikes Allehanda den 23 maj 2021.

Protocol for criminal processes regarding the purchasing of sex stipulates that those in prostitution are to be regarded as witnesses rather than an injured person. The judging whether someone in prostitution is to be seen as an injured person is made on a case-by-case basis. In order for someone to be considered to have an injured person’s position in a criminal process, the crime must either have been committed against them, or else caused them offense or damage. Someone considered to have a strong interest in justice served may also be considered an injured person. Shared by all qualifications for someone to have a status as an injured person is a concern for relevant protection in the crime considered. The purchasing of sex is not considered as a crime against a person, but a crime against the public. Since the Supreme Court in 2001 made it clear that purchasing of sex is to be regarded as a crime against the public, certain features concerning the situation of the person in prostitution have been taken into account. Potential limitations to the sexual self-determination of the person in prostitution has come to affect the penal value, and if the person in prostitution is a victim of human trafficking for sexual exploitation, the buyer is now sentenced for rape as the sexual intercourse is no longer considered voluntary, courtesy of the new consent-based criminal law. Over time, cases of sex purchases have increasingly come to consider the situation for those in prostitution, as well as the right to sexual self-determination and integrity. Thus it is increasingly regarded as a crime against a person. Based on a literature study of research in the field, it is concluded that prostitution in the majority of cases involves exploitation and oppression. A majority of those in prostitution also experience physical and sexual violence, suffer from PTSD and a large majority want to leave prostitution. The purchasing of sex can therefore be regarded as both abusive and h

2019-12-04