”I agreed to fuck him with a condom, not without it” - Om nonconsensual condom removal med utgångspunkt i brotten ofredande, sexuellt ofredande och våldtäkt

Sammanfattning: Nonconsensual condom removal refers to when someone preconditions sexual intercourse with the use of a condom, while the other person, during the intercourse, removes the condom without consent. Alexandra Brodsky, the author of the first, and only, article concerning nonconsensual condom removal, points out that women subjected to nonconsensual condom removal experienced some kind of violation. Nevertheless, they struggled to define the violation they had experienced. They also had difficulties identifying which, if any, legal remedies were available to them. Nonconsensual condom removal is neither explicitly criminalized in Swedish penal law, nor subject to any Swedish criminal judgments. Moreover, except from Brodsky’s article, there are no studies to be found on the area of nonconsensual condom removal. The objective of this thesis is to examine how nonconsensual condom removal can be understood regarding the provisions of molestation, sexual molestation and rape, by carrying out a judicial enquiry based on legal dogmatic method. Furthermore, this thesis aims at analyzing how the result from the judicial enquiry and nonconsensual condom removal as a phenomenon can be understood through the lens of feminist theories of sexual violence. The thesis shows that preconditioned usage of condom during sexual intercourse could be an expression of sexual integrity and the right to sexual self-determination, both of which are interests of protection concerning the sexual offence legislation. In addition, the thesis shows that positioning nonconsensual condom removal within the confines of the existing provisions could be difficult, although there is some room for arguing it could constitute sexual molestation. Lastly, the thesis suggests that nonconsensual condom removal could be understood as an expression of patriarchal power and could be placed within a pattern of different forms of sexual violence that women are exposed to by men.