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Theorising sexual harassment and criminalisation in a Swedish context

Wegerstad, Linnea LU (2021) In Bergen Journal of Criminal Law and Criminal Justice 9(2). p.61-81
Abstract
This article offers a theoretical approach to criminalisation in relation to sexual harassment, using Sweden as example. The topic is spurred by two separate but interrelated phenomena. The first is the #metoo movement, which raised not only awareness of the widespread problem of sexual harassment, but also questions as to whether criminal law can provide a proper response. The second is a growing concern, both in international research and among Swedish activists, that the feminist struggle against sexual violence is turning towards punitive measures. Taking the standpoint that feminist research and activism should engage in a critical conversation with criminal law and crime policy, this article employs Kelly’s concept of the continuum... (More)
This article offers a theoretical approach to criminalisation in relation to sexual harassment, using Sweden as example. The topic is spurred by two separate but interrelated phenomena. The first is the #metoo movement, which raised not only awareness of the widespread problem of sexual harassment, but also questions as to whether criminal law can provide a proper response. The second is a growing concern, both in international research and among Swedish activists, that the feminist struggle against sexual violence is turning towards punitive measures. Taking the standpoint that feminist research and activism should engage in a critical conversation with criminal law and crime policy, this article employs Kelly’s concept of the continuum of sexual violence to analyse the scope for criminal law interventions regarding men’s intimate intrusions against women. Swedish criminal regulation is used to highlight some of the challenges of designing a criminal provision that considers the individual effects as well as the cumulative and collective impacts of sexual harassment. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Straffrätt, Penal law
in
Bergen Journal of Criminal Law and Criminal Justice
volume
9
issue
2
pages
20 pages
ISSN
1894-4183
DOI
10.15845/bjclcj.v9i2.3525
project
The #metoo momentum and its aftermath:digital justice seeking and societal and legal responses
language
English
LU publication?
yes
id
3c88c762-a201-4f5b-a2ef-b083c74c9aa0
date added to LUP
2022-01-14 13:15:55
date last changed
2023-03-27 15:51:07
@article{3c88c762-a201-4f5b-a2ef-b083c74c9aa0,
  abstract     = {{This article offers a theoretical approach to criminalisation in relation to sexual harassment, using Sweden as example. The topic is spurred by two separate but interrelated phenomena. The first is the #metoo movement, which raised not only awareness of the widespread problem of sexual harassment, but also questions as to whether criminal law can provide a proper response. The second is a growing concern, both in international research and among Swedish activists, that the feminist struggle against sexual violence  is turning towards punitive measures. Taking the standpoint that feminist research and activism should engage in a critical conversation with criminal law and crime policy, this article employs Kelly’s concept of the continuum of sexual violence to analyse the scope for criminal law interventions regarding men’s intimate intrusions against women. Swedish criminal regulation is used to highlight some of the challenges of designing a criminal provision that considers the individual effects as well as the cumulative and collective impacts of sexual harassment.}},
  author       = {{Wegerstad, Linnea}},
  issn         = {{1894-4183}},
  keywords     = {{Straffrätt; Penal law}},
  language     = {{eng}},
  number       = {{2}},
  pages        = {{61--81}},
  series       = {{Bergen Journal of Criminal Law and Criminal Justice}},
  title        = {{Theorising sexual harassment and criminalisation in a Swedish context}},
  url          = {{https://lup.lub.lu.se/search/files/112215561/3525_Article_Text_16435_1_10_20220114.pdf}},
  doi          = {{10.15845/bjclcj.v9i2.3525}},
  volume       = {{9}},
  year         = {{2021}},
}