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The Only Path to Justice : The Criminal Legal System and Defamation Judgments Related to #MeToo in Sweden

Andersson, Ulrika LU and Wegerstad, Linnea LU (2024) In Feminist Legal Studies
Abstract
This article presents a study of court judgments involving women who, in connection with #MeToo, identified alleged perpetrators of sexual violence in social media and were later prosecuted for and convicted of criminal defamation in Sweden. We conceptualise the use of social media to share experiences of sexual violence as an informal path to justice. First, we show that this is supported by how court judgments describe women’s reasons for sharing their information, such as telling their story and sharing it with others. Second, according to Swedish defamation law, a truth defence is allowed only if the defamatory statement is first considered to be justifiable, balancing between the defendant’s interest of freedom of speech and the... (More)
This article presents a study of court judgments involving women who, in connection with #MeToo, identified alleged perpetrators of sexual violence in social media and were later prosecuted for and convicted of criminal defamation in Sweden. We conceptualise the use of social media to share experiences of sexual violence as an informal path to justice. First, we show that this is supported by how court judgments describe women’s reasons for sharing their information, such as telling their story and sharing it with others. Second, according to Swedish defamation law, a truth defence is allowed only if the defamatory statement is first considered to be justifiable, balancing between the defendant’s interest of freedom of speech and the complainant’s interest of honour and reputation. We show that an informal justice mechanism, such as speaking out on social media, is not a recognised defence against defamation claims. In effect, the criminal justice system emerges as the only path to justice for victims of sexual violence, simultaneously making perpetrators invisible and victims responsible for telling without naming. (Less)
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author
and
organization
publishing date
type
Contribution to journal
publication status
in press
subject
keywords
sexual violence, criminal justice, defamation, #metoo, Sweden, Straffrätt, Sverige
in
Feminist Legal Studies
publisher
Springer
ISSN
0966-3622
project
The #metoo momentum and its aftermath:digital justice seeking and societal and legal responses
language
English
LU publication?
yes
id
9670feed-8bfa-4975-bda3-493eb882fed3
date added to LUP
2023-11-10 16:11:43
date last changed
2024-03-04 08:31:16
@article{9670feed-8bfa-4975-bda3-493eb882fed3,
  abstract     = {{This article presents a study of court judgments involving women who, in connection with #MeToo, identified alleged perpetrators of sexual violence in social media and were later prosecuted for and convicted of criminal defamation in Sweden. We conceptualise the use of social media to share experiences of sexual violence as an informal path to justice. First, we show that this is supported by how court judgments describe women’s reasons for sharing their information, such as telling their story and sharing it with others. Second, according to Swedish defamation law, a truth defence is allowed only if the defamatory statement is first considered to be justifiable, balancing between the defendant’s interest of freedom of speech and the complainant’s interest of honour and reputation. We show that an informal justice mechanism, such as speaking out on social media, is not a recognised defence against defamation claims. In effect, the criminal justice system emerges as the only path to justice for victims of sexual violence, simultaneously making perpetrators invisible and victims responsible for telling without naming.}},
  author       = {{Andersson, Ulrika and Wegerstad, Linnea}},
  issn         = {{0966-3622}},
  keywords     = {{sexual violence; criminal justice; defamation; #metoo; Sweden; Straffrätt; Sverige}},
  language     = {{eng}},
  month        = {{02}},
  publisher    = {{Springer}},
  series       = {{Feminist Legal Studies}},
  title        = {{The Only Path to Justice : The Criminal Legal System and Defamation Judgments Related to #MeToo in Sweden}},
  year         = {{2024}},
}