Tvång eller samtycke? En komparativ undersökning av våldtäktslagstiftnings normativa verkan

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska fakulteten; Lunds universitet/Juridiska institutionen

Sammanfattning: Rape is one of the most offensive crimes a person can be subjected to and it is a matter that keeps aggravating and lead to discussion. Hopefully this discussion will lead us closer to a solution that will decrease the number of rapes. An important part of the solution is an effective legislation. Today the Swedish legislation regulating rape is based on force meanwhile the legislation in England and Wales is based upon consent. Many in Sweden advocate an introduction of a legislation based upon consent, as it is believed that it could change norms in society and in the long haul decrease the number of rapes. Which type of legislation prevents rape most efficiently? The purpose of this paper is to investigate if legislation based upon consent has a greater normative effect and more efficiently prevents rape than legislation based upon force. The investigation is based on a comparison between of Swedish legislation and that of England and Wales.
In a report produced by the United Nations Office on Drugs and Crime, it is presented that Sweden has the highest number of police recorded rapes in all of Europe and the second highest in the world, more than double the police recorded rapes per 100 000 citizens compared to England and Wales. Based on these statistics consent legislation seems to be more efficient than a legislation based on force. But there are a lot of factors that influence these statistics and make it impossible to make that conclusion, among those are the differences in extent of the provisions.
To be able to evaluate the statistics in a fair way, I first of all narrate the legislation and practice. Then determine which provisions of the English law that can be translated into the Swedish provision of rape. There is also a short narrative covering unrecorded sexual offences. When the differences in the extent of the provisions as well as the number of unrecorded crimes have been taken into account. It turns out that the statistics of police recorded rapes in Sweden and England and Wales are almost equal to one another. The previous difference of more than a 100 % is basically eliminated. This depends on the fact that the Swedish provision of rape covers more violations, which in England and Wales are covered by other provisions.
Apart from the recorded crimes statistics, crime surveys are narrated. These surveys where not comparable with regard to rape because the Swedish survey only presents the number of rapes and the survey for England and Wales presents only the number of persons being subjected to rape. Based on this investigation the conclusion that legislation based on consent works better in order to achieve a decrease in the number of rapes committed, than legislation based on force, cannot be made.

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