Utgör sexköp våldtäkt? En uppsats om hur köp av sexuella tjänster förhåller sig till ett våldtäktsbrott baserat på bristande frivillighet

Sammanfattning: Purchase of sexual services has been illegal in Sweden since 1999. Prior to the criminalization, it was suggested that both purchase and sale of sexual services should be criminalized, but after extensive criticism, only purchase was ultimately made illegal. The criticism was largely based on the fact that the seller often was exploited by the buyer and in a vulnerable position during purchase of sex. Since 2018, the crime of rape is based on insufficient voluntariness, and the previous requirement of violence or threat is removed. With the reform, discussions arose regarding the fact that more cases of purchasing sexual services could be classified as rape since many believed that selling sexual services rarely or never could be voluntary. The purpose of this essay is therefore to investigate in which situations purchase of sexual services also can be classified as rape. The purpose is achieved through the use of preparatory work, doctrine and practice to interpret what the crime of rape means, and how a case of buying sexual services also could meet the legal requirements for rape. The essay investigates current law for both crimes, with a particular focus on the meaning of voluntariness in the crime of rape. The essay´s analysis concludes that cases of purchase of sexual services can be classified as rape, but that such an assessment cannot be made regularly but must be based on the circumstances in each individual case. Admittedly, sale of sexual services can be carried out in certain situations without it being voluntary according to the meaning of the crime of rape. However, in each individual case, the perpetrator must act with intent or negligence in relation to the seller not acting voluntarily. In addition, the two crimes differ as to which sexual acts are covered.