Barnpornografibrott - en studie om barns rättsliga ställning vid barnpornografibrott

Sammanfattning: When a child pornography crime is committed, it means that a child has been subjected to sexual abuse. The abuse has been documented and can be spread. In Swedish law, child pornography crime does not constitute a sex crime; instead, it is a crime against public order. The consequence of this is, that the child is not to be considered the victim in a legal procedure; instead the state has that position. If the child is not considered as the victim, they do not have the possibility to get compensation or get access to legal aid. The purpose of child pornography law is to protect all children, not just the child that falls victim to it. A crime that offends the public is categorized as a crime against public order. Many have questioned this and the government has completed an investigation to sort out the legal stand of the child, in child pornography cases. The conclusion was that the child can be considered the victim but it is up to the court to decide in each individual case. Children’s rights organization Ecpat has completed a case study and they believe that the law does not give children sufficient protection. Ecpat mean that the law needs to constitute a sex crime to protect children’s personal- and sexual integrity. Sweden also has international obligations to consider. The UN Convention on the Rights of the Child declares that children are their own individuals and have their own rights. For example they have the right to legal access. The purpose of this thesis has been to investigate how the law protects children when it comes to child pornography. What benefits respective disadvantages would a change in the law have, and what is the best option based on a child rights perspective. Overall, I think there are more advantages then disadvantages to making child pornography crime a sex crime. If it would constitute a sex crime, the child would automatically be considered the victim, and the circumstances in the individual case would not be decisive.