Advanced

En ensidig "romans"? - En analys av lagstiftarens hantering av ”passivitetsfallen” i våldtäktsbestämmelsen och konstruktion av sexualitet

Klapcic, Diana LU (2013) JURK01 20131
Department of Law
Abstract (Swedish)
The purpose with the government proposal, En skärpt sexualbrottslagstiftning (prop. 2012/13:111), is to correct certain shortcomings in the Swedish rape law (6 kap 1 § 2 st BrB) and thereby reinforce and increase the protection of sexual integrity and the right of self-determination. The essay examines the regulation of rape cases, particulary when the victim reacts with passivity. The government proposes that “specially exposed situation” replaces “helpless state” in the regulation.
“Specially exposed situation” is a wider concept and should in this manner include several cases of exploitation then “helpless state”, cases of passivity among them. Typical of a “specially exposed situation” is situations where the victim because of... (More)
The purpose with the government proposal, En skärpt sexualbrottslagstiftning (prop. 2012/13:111), is to correct certain shortcomings in the Swedish rape law (6 kap 1 § 2 st BrB) and thereby reinforce and increase the protection of sexual integrity and the right of self-determination. The essay examines the regulation of rape cases, particulary when the victim reacts with passivity. The government proposes that “specially exposed situation” replaces “helpless state” in the regulation.
“Specially exposed situation” is a wider concept and should in this manner include several cases of exploitation then “helpless state”, cases of passivity among them. Typical of a “specially exposed situation” is situations where the victim because of different circumstances has unmistakably limited means to protect her or his sexual integrity and escape assault.
It’s not a requirement that the victim fully lack the ability to defend herself/himself or fully lack the ability to control herself/himself. It will for example include situations where the victim is intoxicated, but still has the ability to comprehend what’s going on.
In consequence of the concept “specially exposed situation” and “grave fear” my understanding is that the change do not in sufficient extent pay regard to the context. Whether he or she is considered to have been in a state of grave fear will be the result of an objective judging by the courts magistrate from the victim’s perspective. The relevant fear is the qualified kind. My opinion is that this approach will put focus on the victim, hence a “worthy” victim shall feel severe fear. I’m also of the opinion that the relevant act norm in fact is addressed to the rape victim and not to the offender.
Legal positivism has its limits in terms of legal safety and objectivity when dealing with women and men qualified (by others) as gay and/or feminine. The regulation of rape and passivity and the attitudes towards passivity clearly reflect this. (Less)
Please use this url to cite or link to this publication:
author
Klapcic, Diana LU
supervisor
organization
course
JURK01 20131
year
type
M2 - Bachelor Degree
subject
keywords
Straffrätt, våldtäkt, passivitetsfallen, objektivitet, genus
language
Swedish
id
3800721
date added to LUP
2013-09-11 14:37:56
date last changed
2013-09-11 14:37:56
@misc{3800721,
  abstract     = {The purpose with the government proposal, En skärpt sexualbrottslagstiftning (prop. 2012/13:111), is to correct certain shortcomings in the Swedish rape law (6 kap 1 § 2 st BrB) and thereby reinforce and increase the protection of sexual integrity and the right of self-determination. The essay examines the regulation of rape cases, particulary when the victim reacts with passivity. The government proposes that “specially exposed situation” replaces “helpless state” in the regulation.
 “Specially exposed situation” is a wider concept and should in this manner include several cases of exploitation then “helpless state”, cases of passivity among them. Typical of a “specially exposed situation” is situations where the victim because of different circumstances has unmistakably limited means to protect her or his sexual integrity and escape assault.
 It’s not a requirement that the victim fully lack the ability to defend herself/himself or fully lack the ability to control herself/himself. It will for example include situations where the victim is intoxicated, but still has the ability to comprehend what’s going on.
In consequence of the concept “specially exposed situation” and “grave fear” my understanding is that the change do not in sufficient extent pay regard to the context. Whether he or she is considered to have been in a state of grave fear will be the result of an objective judging by the courts magistrate from the victim’s perspective. The relevant fear is the qualified kind. My opinion is that this approach will put focus on the victim, hence a “worthy” victim shall feel severe fear. I’m also of the opinion that the relevant act norm in fact is addressed to the rape victim and not to the offender.
Legal positivism has its limits in terms of legal safety and objectivity when dealing with women and men qualified (by others) as gay and/or feminine. The regulation of rape and passivity and the attitudes towards passivity clearly reflect this.},
  author       = {Klapcic, Diana},
  keyword      = {Straffrätt,våldtäkt,passivitetsfallen,objektivitet,genus},
  language     = {swe},
  note         = {Student Paper},
  title        = {En ensidig "romans"? - En analys av lagstiftarens hantering av ”passivitetsfallen” i våldtäktsbestämmelsen och konstruktion av sexualitet},
  year         = {2013},
}