Proposed Changes in the Swedish Rape Law

Proposal for a new Swedish rape law based on consent:

Stronger Protection of Sexual Integrity

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. If crimes against sexual integrity, etc.

General offenses against sexual integrity

1 § Anyone who conducts intercourse or another sexual act which with regard to the violation seriousness is comparable to sexual intercourse with a person who does not participate voluntarily shall be sentenced for sexual assault to imprisonment of between two and six years. The same applies if the conduct consists of that the person who is not participating voluntarily performs the act on his own or with someone else. For the participation to be  considered voluntary, the choice to participate has to be expressed.

An expressed choice to participate in a sexual act is not 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 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; or

4. the offender has misled the person to participate by pretending to be someone who knows him personally, or by utilizing the person’s misconception in this regard.

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 sexual assault to imprisonment not exceeding four years.

§ 2 If the offense in § 1, first paragraph is gross, the offender shall be sentenced for aggravated sexual assault to imprisonment of at least four and a maximum of seven years. At the assessment of the crime, particular attention should be payed to if the crime is directed against a child, if the offender used violence or threats which was particularly serious, or if more than one is part in the act or if the offender with regard to the procedure or in other ways exhibited particular ruthlessness or brutality.

If the crime is particularly serious, the offender shall be sentenced for extremely aggravated sexual assault to imprisonment of between six and ten years. At the assessment of whether the crime is particularly serious, special consideration shall be given to if the act has caused exceptionally grave suffering or have been an extremely large integrity violation or if the offender has shown paramount ruthlessness or brutality.

§ 3 Anyone who carries out a sexual act other than that referred to in § 1 with a person who does not participate voluntarily shall be sentenced for sexual integrity violation to imprisonment not exceeding two years. The same applies if the conduct consists of that the person who is not participating voluntarily performs the act on his own or with someone else. For participation to be considered voluntarily the choice to participate has to be expressed.

To assess whether participation was voluntary § 1 second paragraph is applied.

If the offense is grave, the offender shall be sentenced for aggravated sexual integrity violation to prison at least six months and six years. In assessing whether the offense is grave particular attention should be payed to if the crime is directed against a child,  if the offender used violence or threat which was particularly serious, if more than one was involved in the offense or if the offender with respect to the approach or in other ways has shown special ruthlessness or brutality.

§ 4 Anyone who by gross negligence is guilty of such an act as that mentioned in § 1, first paragraph, § 2 or § 3, third paragraph, is sentenced for negligent sexual assault or negligent sexual integrity violation to imprisonment not exceeding four years.

5 § Anyone who, in cases other than those referred to in §§ 1-4, exposes himself to someone else in a way that is likely to cause discomfort or by words or conduct harasses a person in a way that is likely to violate the person’s sexual integrity, is convicted of sexual molestation to a fine or imprisonment not exceeding two years.

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2 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

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