After decades of debate and reforms on the rape legislation, a shift from a use of force-based into a consent-based rape offence (with voluntariness as the decisive criteria) entered into force in Sweden in July 2018. The aim of this article is to review and critically analyse Swedish statutory regulation of rape, starting in the historical development and debates as a backdrop. The authors take their starting point in critique put forward within the field of feminist legal studies and uses an everyday life perspective to examine some of the assessments made in the preparatory work in the decisions made on how to best protect the individual’s right to personal and sexual integrity and sexual self-determination. The analysis shows that a male rationale permeates the preparatory works and points at a need for further research on the criterion of voluntariness and its presumptions on autonomy.
Copyright (c) 2021 Moa Bladini, Wanna Svedberg Andersson
This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors who publish with this journal agree to the following terms:
Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.