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

Wegerstad, Linnea LU (2022) p.119-126
Abstract
Many jurisdictions have broadened the scope of criminalized sexual violence through the introduction of consent-based models. At the same time, measures have been taken in regards to the subjective elements for criminal liability in answer to a common defence in rape cases: namely, that the defendant lacked knowledge of the other person’s lack of consent. While some jurisdictions have introduced limitations to the defence of mistaken belief in consent – for example, the ‘reasonable steps’ provision in Canada – other countries, like Sweden, have introduced negligence as a sufficient fault element for rape liability. This paper examines the recently established negligent rape law in Sweden as one instance of a trend: a move in sex crimes law... (More)
Many jurisdictions have broadened the scope of criminalized sexual violence through the introduction of consent-based models. At the same time, measures have been taken in regards to the subjective elements for criminal liability in answer to a common defence in rape cases: namely, that the defendant lacked knowledge of the other person’s lack of consent. While some jurisdictions have introduced limitations to the defence of mistaken belief in consent – for example, the ‘reasonable steps’ provision in Canada – other countries, like Sweden, have introduced negligence as a sufficient fault element for rape liability. This paper examines the recently established negligent rape law in Sweden as one instance of a trend: a move in sex crimes law towards introducing a duty of diligence for persons who initiate sexual acts. I use a rape case from a Swedish court of appeal to illustrate fault elements across jurisdictions and to discuss some implications of criminal law operating with a diligence standard. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
Criminal law, Comparative law, Rape, Straffrätt, Komparativ rätt
host publication
Consent and Sexual Offenses : Comparative Perspectives - Comparative Perspectives
editor
Hoven, Elisa and Weigend, Thomas
pages
119 - 126
publisher
Nomos
ISBN
978-3-8487-8653-4
978-3-7489-3024-2
DOI
10.5771/9783748930242
project
The #metoo momentum and its aftermath:digital justice seeking and societal and legal responses
#Metoo-skalvet och dess efterdyningar: Om brottsoffers sökande efter rättvisa och den samhälleliga och rättsliga responsen
language
English
LU publication?
yes
id
d878c604-06a0-466c-baee-c273e5fe87d9
alternative location
https://www.nomos-elibrary.de/10.5771/9783748930242-119/sense-and-caution-a-comparative-perspective-on-sweden-s-negligent-rape-law?page=1
date added to LUP
2022-03-04 11:40:08
date last changed
2025-04-04 13:54:09
@inbook{d878c604-06a0-466c-baee-c273e5fe87d9,
  abstract     = {{Many jurisdictions have broadened the scope of criminalized sexual violence through the introduction of consent-based models. At the same time, measures have been taken in regards to the subjective elements for criminal liability in answer to a common defence in rape cases: namely, that the defendant lacked knowledge of the other person’s lack of consent. While some jurisdictions have introduced limitations to the defence of mistaken belief in consent – for example, the ‘reasonable steps’ provision in Canada – other countries, like Sweden, have introduced negligence as a sufficient fault element for rape liability. This paper examines the recently established negligent rape law in Sweden as one instance of a trend: a move in sex crimes law towards introducing a duty of diligence for persons who initiate sexual acts. I use a rape case from a Swedish court of appeal to illustrate fault elements across jurisdictions and to discuss some implications of criminal law operating with a diligence standard.}},
  author       = {{Wegerstad, Linnea}},
  booktitle    = {{Consent and Sexual Offenses : Comparative Perspectives}},
  editor       = {{Hoven, Elisa and Weigend, Thomas}},
  isbn         = {{978-3-8487-8653-4}},
  keywords     = {{Criminal law; Comparative law; Rape; Straffrätt; Komparativ rätt}},
  language     = {{eng}},
  pages        = {{119--126}},
  publisher    = {{Nomos}},
  title        = {{Sense and Caution : A Comparative Perspective on Sweden’s Negligent Rape Law}},
  url          = {{http://dx.doi.org/10.5771/9783748930242}},
  doi          = {{10.5771/9783748930242}},
  year         = {{2022}},
}