Sense and Caution. A Comparative Perspective on Sweden’s Negligent Rape Law

Wegerstad, Linnéa

doi:10.5771/9783748930242-119

Cited by 2 publications

(1 citation statement)

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“…This is supported by evaluation reports from Sweden, where it was found that the introduction of a separate offence of negligent rape made the assessment of mens rea more difficult. 180 This may lead to inconsistencies and even arbitrariness in establishing (gross) negligence, which is problematic with regard to the principle of legality and the requirement of legal certainty. 181 One difficulty here lies in the lack of technical evidence and independent witnesses, which frequently characterizes rape cases.…”

Section: E Rape By Deceptionmentioning

confidence: 99%

From coercion to consent: Dutch rape law reform and the complexities of consent

Keiler

2023

Maastricht Journal of European and Comparative Law

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Rape law reform currently ranks high on the agenda of many criminal justice systems. In this context, the distinction between different conceptions of rape as either consent- or coercion-based has traditionally played an important role. This paper analyses the shift from a coercion to a consent-based model of rape, using Dutch law as a backdrop to take a closer look at the ongoing discussion on how to regulate rape, as well as the uncertainties and complexities that reforms need to address. It departs from a theoretical level and first outlines the main features of the two aforementioned models of rape. Subsequently, the paper looks at the international level and the emerging European definition of rape. Next, the current Dutch coercion-based model as well as the pending consent-based reform proposal are discussed. To shed further light on the conceptual architecture and inherent definitional complexities of consent, a comparison with the consent-based system of England and Wales is undertaken. This helps to gauge the current Dutch proposal and highlights complex (normative) questions that rape law reform needs to address, providing impetus for future discussions as to how the guidance and scope of protection of sexual autonomy provided by consent-based models of rape may be further improved.

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Section: E Rape By Deceptionmentioning

confidence: 99%

From coercion to consent: Dutch rape law reform and the complexities of consent

Keiler

2023

Maastricht Journal of European and Comparative Law

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Sexual Violence in Criminal Law

Andersson

2023

The Criminalization of Violence Against Women

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This chapter analyzes the recent criminalization of negligent rape in Sweden, introduced in 2018. The aim is to contribute to the discussion of criminalization as it relates to violence against women, while taking a broad view of criminalization that includes not only criminalization per se but also the application of law. The analysis of the application of the crime of negligent rape, from the perspective of legal presumptions, criminal and procedural principles, and implicit premises clearly illustrates the complexity of legal certainty and legal protection when it comes to sexual violence. The practice of criminal law could be described as a function of these three intertwined factors, so the criminalization of sexual violence, and perhaps of other types of offenses as well, should therefore be analyzed and evaluated from the standpoint of all three factors rather than just in relation to one of them.

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Sense and Caution. A Comparative Perspective on Sweden’s Negligent Rape Law

Cited by 2 publications

References 1 publication

From coercion to consent: Dutch rape law reform and the complexities of consent

From coercion to consent: Dutch rape law reform and the complexities of consent

Sexual Violence in Criminal Law

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