Bildbaserade sexuella övergrepp - En analys av det svenska straffrättsliga skyddet avseende olovlig spridning av någon annans privata, sexuella bilder

Sammanfattning: The digital development that is constantly taking place in society places demands on the legislator to keep up with the continuous progression. As a consequence of the frequent use of the Internet, crimes that violate sexual privacy online have increased. Researchers Clare McGlynn and Erika Rackley have examined the form of violations that specifically target women, Image-Based Sexual Abuse. The abuse includes the production and/or distribution of private, sexual images without the consent of the depicted. This essay focuses on the illegal distribution of such private, sexual images. The purpose of this essay is to present and analyze Swedish legislation and law enforcement procedures regarding Image-Based Sexual Abuse, specifically concerning the distribution. Furthermore, this study discusses how Image-Based Sexual Abuse is perceived as a violation of privacy as opposed to a sexual crime, and which consequences the victim may face as a result of this. The analysis is predominantly based on the feminist research by Clare McGlynn. This essay begins by defining Image-Based Sexual Abuse, and how this type of abuse represents inequality as an example of the violence that men commit against women. Victims of Image-Based Sexual Abuse often suffer from serious and harmful consequences of the abuse. In current Swedish law, there is no specific legal provision for Image-Based Sexual Abuse. Instead different provisions in the Swedish Criminal Code (BrB) are applied to these forms of abuse. The protection that Swedish legislation provides against the illegal distribution of private, sexual images consists primarily of Defamation and Gross Defamation in Chapter 5, Section 1–2 BrB, and Illegal Invasion of Privacy in Chapter 4, Section 6 c–d BrB. Iceland is presented as an example of a Nordic country that has introduced specific legislation against this type of abuse, according to the background of the feminist research. The application of law within this field is explained through a legal case analysis. Eleven legal cases from 2020 to 2022 concerning Image-Based Sexual Abuse are presented. The analysis reveals that the shortcomings that the feminist research suggests exist in the legislation, also exist in the legal application of these crimes. Finally, it is stated that the legislative protection that exists today is highly deficient, partly due to the fact that the crimes are classified as privacy crimes and not sexual crimes. This can result in victims of crime not feeling understood or protected by the legal system, and that their experiences and the extent of their injuries are disregarded. Women’s experiences of Image-Based Sexual Abuse should be regarded with a higher significance in legislation, and work against Image-Based Sexual Abuse should be prioritised to a greater extent.