Proposed Changes in the Swedish Rape Law

Proposal for a new Swedish rape law based on consent:

Stronger Protection of Sexual Integrity

The text below is updated with the current proposal to the legal advisory board of the Swedish parliament:

A new sexual crime law built on consent

Translation made by me. I am not a lawyer. English is not my mother tongue. I used some hours on this. All opinions are welcome.

Chapter 6.

1 § Anyone who, with a person who does not participate voluntarily,  conducts intercourse or another sexual act which with regard to the violation seriousness is comparable to sexual intercourse shall be sentenced for rape to imprisonment of between two and six years.

Participation can not be considered voluntary if

1. it is a result of assault, other violence or threats of criminal acts, or it is a result of the threat of prosecution or of the report of someone else for a crime or of the leaving of a harmful message about someone else,

2. the offender has unduly taken advantage of the circumstance that the person because of unconsciousness, sleep, serious fear, intoxication or other drug influence, illness, bodily injury, psychological disorder or otherwise, with respect to the circumstances, has been in a particularly vulnerable situation,

3. the offender has induced the person to participate by seriously misusing that the person is in a dependency position relative to the offender.

If the offense in the first paragraph with regard to the circumstances when the offense is conducted is less serious, the offender shall be sentenced for rape to imprisonment not exceeding four years.

If the offense is gross, the offender shall be sentenced for aggravated rape to imprisonment of at least five and a maximum of ten years. At the assessment of if the crime is aggravated, particular attention should be payed to if the if the offender used violence or threats which was particularly serious, or if more than one abused the victim, or if the offender with regard to the procedure or the victims age or in other ways exhibited particular ruthlessness or brutality.

1a § Anyone who carries out a sexual act that referred to in 1 § and who is grossly negligent considering the circumstance that the other person does not participate voluntarily shall be sentenced for negligent rape to imprisonment not exceeding four years.

If the act, considering the circumstances, is less serious, the offender shall not be sentenced.

2 § Anyone who, with a person who does not participate voluntarily, conducts another sexual act than referred to in 1 §, shall be sentenced for sexual assault to imprisonment not exceeding two years.

In the consideration of when a persons participation  can never be considered voluntary the second sentence of 1 § is used.

If the offense is gross, the offender shall be sentenced for aggravated sexual assault to imprisonment of at least six months and a maximum of six years. At the assessment of if the crime is aggravated, particular attention should be payed to if the if the offender used violence or threats which was particularly serious, or if more than one abused the victim, or if the offender with regard to the procedure or the victims age or in other ways exhibited particular ruthlessness or brutality.

3 § Anyone who carries out a sexual act that referred to in 2 § and who is grossly negligent considering the circumstance that the other person does not participate voluntarily shall be sentenced for negligent sexual assault to imprisonment not exceeding four years.

If the act, considering the circumstances, is less serious, the offender shall not be sentenced.

4 § Anyone who, with a child under 15 years old,  conducts intercourse or another sexual act which with regard to the violation seriousness is comparable to sexual intercourse shall be sentenced for rape against children to imprisonment of between two and six years.

The same goes for the one who commits an act that is referred to in the first sentence with a child who is fifteen but not eighteen years and which is the offspring of the perpetrator or is under the control of or has a similar relationship with the perpetrator or for whose care or supervision the offender should respond because of an authority’s decision.

Are crimes referred to in the first or second paragraph to be considered gross, convicted of gross rape against children in jail for a minimum of five and a maximum of 10 years. In assessing whether the crime is gross, particular consideration should be given to whether the perpetrator has used violence or threat of criminal offense or if more than one has abused the child or otherwise participated in the abuse or the offender with
consideration of the approach or the child’s low age or otherwise demonstrated particular ruthlessness or cruelty.

5 § Is an offense referred to in 4 §, first or second paragraph, taking into account the circumstances of the offense, to be regarded as less serious, the offender shall be sentenced for sexual exploitation of children to jail for a maximum of four years.

6 § Anyone who, with a child under the age of fifteen, or with a child who is fifteen but not eighteen years old and whose offender is in a relationship referred to in 4 §, second paragraph, carries out another sexual act than referred to in 4 § and 5 § shall be sentenced for sexual abuse of children to prison for a maximum of two years.
Is the crime gross the offender shall be sentenced for gross sexual abuse of children to prison for at least one and not more than six years. In assessing whether the offense is gross, particular consideration should be given to if the offender is closely related to the child or otherwise utilizing his or her position or abused special confidence or if more  than one abused the child or otherwise participated in the abuse or if the offense with regard to the approach or the child’s low age or otherwise caused a ruthless exploitation of the child.

13 § Regarding acts committed to someone under a certain age as described in this chapter,  a person who did not have intent but who have been negligent regarding the fact that the other person did not reach that age is also to be held accountable.

 

 

 

 

 

 

 

 

Advertisements

4 thoughts on “Proposed Changes in the Swedish Rape Law”

  1. An article about opinions from our auditor of the judicial system(Justitieombudsmannen, JO) to the proposed new law.
    http://www.dagensjuridik.se/2017/01/jo-vill-ha-tydligare-lag-om-samtycke-den-som-sover-kan-inte-uttrycka-ett-val
    I might misunderstand, but it seems JO wants it to be clear from the text of the law that sex with your sleeping partner is not criminal.
    JO also want it to be clear from the text that the choice to have sex is expressed in words or deed.
    JO means that if the meaning of intercourse is redefined it has to be clear from the text of the law.
    JO is doubtful about the criminalization of negligent sexual assault.
    The actual opinions of JO about the law: https://www.jo.se/Global/Remissyttranden/Remissyttrande%20R_115-2016.pdf

  2. The law was accepted by the Swedish parliament 2018-05-23.
    The text might be somewhat modified compared to the proposal described above.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s