Digital prostitution - Kan brotten köp av sexuell tjänst och utnyttjande av barn genom köp av sexuell handling begås på nätet?
Sammanfattning: Imagine the following scenario. A man instructs a woman to perform several sexual things, in exchange for compensation, in order to satisfy him sexually. The entire course of events happens online. Would you classify this as prostitution? That is what this thesis aims to examine. The purpose of this thesis can be explained with the following questions: • Is it possible according to Swedish law to convict people who pay for sexual content, which they have control over, of purchasing a sexual favor or exploiting a child by purchasing a sexual act? • If so, is it possible to convict companies, that on their websites let people advertise these types of interactions, of procuring prostitutes? This thesis has been written using the legal dogmatic method. The material that has been used consists of laws, legislative history, precedents and doctrine. The possibility of convicting someone of purchasing a sexual favor or exploiting a child by purchasing a sexual act relies on the term sexual act. It has been confirmed in precedents that a sexual act can occur online. For the culprit to be considered involved in the sexual act they must av participated during the moment that had a sexual aspect. They can participate over live video or by chatting while the other person sends videos and images. Because sexual act is a prerequisite to the crime of exploiting a child by purchasing a sexual act this crime can be committed online. The crime of purchasing a sexual favor does not have the same obvious connection to the term sexual act. In the legislative history it is made clear that the term sexual intercourse is to be used instead. This term requires physical contact. In other words, it should not be possible to convict someone of purchasing a sexual favor online. There is however doctrine which considers sexual act to be the right term for defining the crime. If that is true, the answer is the opposite. If these crimes can be committed online marketing these interactions is the same as procuring prostitutes according to precedents.
HÄR KAN DU HÄMTA UPPSATSEN I FULLTEXT. (följ länken till nästa sida)