Sweden

Wegerstad, Linnéa

doi:10.5771/9783748930242-251

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Expression Of Consent In Researched Jurisdictions1

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2022

2024

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“…As interpreted, the assessment of non-voluntariness shall also be based on the situation and its context. This leaves lots of room for ways in which the voluntary participation (consent) may be manifested, at the same time shifting the focus to the context in which consent was given 40 .…”

Section: Expression Of Consent In Researched Jurisdictionsmentioning

confidence: 99%

Regulating Expression of Consent in Sexual Relations

Kremens¹

2022

Consent and Sexual Offenses

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Section: Expression Of Consent In Researched Jurisdictionsmentioning

confidence: 99%

Regulating Expression of Consent in Sexual Relations

Kremens¹

2022

Consent and Sexual Offenses

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Consent

Weigend

2024

Criminalizing Intimate Image Abuse

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This chapter presents an overview of various legal issues raised by consent to sexual acts, including the dissemination of sexual images. Generally, consent of both sexual partners removes the risk of criminal responsibility. However, legally valid consent requires certain preconditions in the persons affected (eg consciousness and understanding of the meaning of sex) and the situation (absence of force, massive threats, and some forms of deceit). Consent must be expressed, but it is an open question on what forms of consent (or lack of non-consent) each partner may rely. The scope and timing of consent can also raise questions. Whereas sexual assault offences traditionally require intent, a growing international trend is to provide for criminal liability in cases of recklessness and gross negligence regarding the other person’s lack of consent. The general development of the law is towards extending the protection of sexual autonomy and, thus, towards making greater demands on the voluntariness of entering into sexual relations.

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Sweden

Cited by 2 publications

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Regulating Expression of Consent in Sexual Relations

Regulating Expression of Consent in Sexual Relations

Consent

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