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”Parternas förhållande har varit stormigt” – en studie av formuleringar i svenska hovrättsdomar om grov kvinnofridskränkning och våldtäkt i nära relationer utifrån ett genus- och rättighetsperspektiv

Hermansson, Sofia LU (2012) MRSK60 20121
Human Rights Studies
Abstract
This paper focuses on the distinction between the private and the public in relation to violence and sexual crimes against women in relationships and intimate relationships. Historically, violence and sexual abuse in intimate relationships has been placed in the private sphere away from the law. Concepts such as "family matter" and "family violence" has expressed that a certain level of violence has been considered to be normal within families and between husband and wife. In Sweden, there was a substantial change in the legislation when marital rape was included in the Penal Code of 1962. The primary material in this essay is a review of a number of current Court of Appeal judgments in Sweden dealing with violent and sexual crimes against... (More)
This paper focuses on the distinction between the private and the public in relation to violence and sexual crimes against women in relationships and intimate relationships. Historically, violence and sexual abuse in intimate relationships has been placed in the private sphere away from the law. Concepts such as "family matter" and "family violence" has expressed that a certain level of violence has been considered to be normal within families and between husband and wife. In Sweden, there was a substantial change in the legislation when marital rape was included in the Penal Code of 1962. The primary material in this essay is a review of a number of current Court of Appeal judgments in Sweden dealing with violent and sexual crimes against women in relationships. The concepts used in the courts of appeal formulations have been studied. From a gender and rights perspective can be noted that a number of judgments, based on the language used, can be interpreted as the woman subjected bearing a certain "responsibility" or having some responsibility for the crimes she endured. For example, she has not clearly enough shown and expressed her unwillingness to have intercourse. The study has also demonstrated an awareness of gender power relations between men and women in the courts of appeal arguments. This can be inferred from words and concepts used by the judges and may be seen as an important result of the predominantly feminist criticism that has been levelled against judicial panels set to deal with violence against women over the years. (Less)
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author
Hermansson, Sofia LU
supervisor
organization
course
MRSK60 20121
year
type
M2 - Bachelor Degree
subject
language
Swedish
id
2607511
date added to LUP
2012-09-25 13:43:57
date last changed
2014-09-04 08:27:40
@misc{2607511,
  abstract     = {This paper focuses on the distinction between the private and the public in relation to violence and sexual crimes against women in relationships and intimate relationships. Historically, violence and sexual abuse in intimate relationships has been placed in the private sphere away from the law. Concepts such as "family matter" and "family violence" has expressed that a certain level of violence has been considered to be normal within families and between husband and wife. In Sweden, there was a substantial change in the legislation when marital rape was included in the Penal Code of 1962. The primary material in this essay is a review of a number of current Court of Appeal judgments in Sweden dealing with violent and sexual crimes against women in relationships. The concepts used in the courts of appeal formulations have been studied. From a gender and rights perspective can be noted that a number of judgments, based on the language used, can be interpreted as the woman subjected bearing a certain "responsibility" or having some responsibility for the crimes she endured. For example, she has not clearly enough shown and expressed her unwillingness to have intercourse. The study has also demonstrated an awareness of gender power relations between men and women in the courts of appeal arguments. This can be inferred from words and concepts used by the judges and may be seen as an important result of the predominantly feminist criticism that has been levelled against judicial panels set to deal with violence against women over the years.},
  author       = {Hermansson, Sofia},
  language     = {swe},
  note         = {Student Paper},
  title        = {”Parternas förhållande har varit stormigt” – en studie av formuleringar i svenska hovrättsdomar om grov kvinnofridskränkning och våldtäkt i nära relationer utifrån ett genus- och rättighetsperspektiv},
  year         = {2012},
}