Automatisk straffrihet på idrottsplanen? - En rättshistorisk analys av sport och samtycke

Sammanfattning: The discussion about whether the individuals right of self-determination shall be ab-solute or not in todays society is highly in questioned. Especially in the world of sport where several physical sports every so often can render in severe injury for the athletes. Some of the injuries are self-inflicted or followed by an ordinary outright physical contact and some has followed from an unregulated incident. Hereby, a question has occurred about where the boundary actually runs for something that happens at the playfield without onset of criminal liability? How long does the con-sent extends in the sports sphere? Furthermore, in this paper a debate about consent and its development during the 20th century and up to the current Swedish law is coherent. Similarities and differ-ences between the different proposals have been highlighted. The six different condi-tions that must be present if a valid consent at all shall be able to lead to the dis-charge will be closely discussed. Concerning violence on the area of sport, the different sport federations strive to by them selves manage what is happening and to punish transgressions through their own regulations. In some sports, violence is a natural part of the exercise. If this should be removed, many sports would disappear with it. Violence between athletes constitute a criminal special case where more violence than normal remains allowed. Some of the actions that are happening in the context of sporting activities can by ju-ridical argumentation be given criminal liability. Other actions can be significantly more difficult to motive for criminal liability. Case law has been used to give the reader an understanding for how the court actually assesses in cases about however consent may exist or how long its scope of protection extends in different situations. Violence that takes place in a different part of the field than the game, will meet a greater risk of prosecution and conviction. The violence is now more widespread in sport than earlier been the case and the community has had to adapt to this level. A clear distinction cannot be found, but an assessment of each sport itself needs to be done.