Hjälplöst tillstånd -praktisk tillämpning eller teoretisk benämning

Sammanfattning: Prior to 2005, offending persons involved in sexual exploitation of a person who found themselves in a vulnerable situation, were sentenced pursuant to Chapter 6 § 3 The Criminal Code. Only if the offending person had contributed to the victim's vulnerable situation, could he be prosecuted for rape. In 2005, the new sexual offenses law came into force, which was due to a great dissatisfaction and rancorous debate within the media. Some targets were widely covered in the media, amongst others, the Södertälje and Tumba cases. This were cases in which female victims suffered violations of a sexual nature by several perpetrators. The common factor in these cases was that the women were intoxicated and that it was claimed that they had been in what´s called a vulnerable situation. The courts argued over what requirements were needed to deem a person to be in a vulnerable situation and sexual abuse and rape were offenses which were widely debated. For the majority of the public, this legal reasoning was incomprehensible. The fact that a woman is already in a vulnerable position by being intoxicated, for example, was, according to many people a reason in itself that rape would be the crime that was committed. It was instead the lesser crime of sexual abuse that it became known as, which was unacceptable to the vast majority of the public. In 2005, the case of the vulnerable situation that had previously fallen under Chapter 6 § 3 of the Criminal Code was moved to Chapter 6 § 1 Criminal Code. The legislative history of the new law emphasized the violation of sexual integrity and autonomy. Although the public and the media got support for their views, the legislative amendment implications weren´t fully obvious. There were still problems with the vulnerable situation issue and these were based on past practice and doctrine. The requirements to merit a vulnerable situation are still found to be high, and the assessment is based on the whole situation. For the Penal Code to be effective as the traditional efficiency, it´s required that the crime hasn´t been committed. It´s also required that anyone who violates a prohibition can be detected and subsequently punished. When a person is raped who is in a vulnerable situation, it´s an act which is difficult to prove for the judicial system. There is a large shadow over the true figures of abuse regarding those not reported where the mode of proof is often difficult. The amendment to the Act meant that the long-term crime trends were more difficult to monitor. To say that the amendment of the criminal description entailed an effective Penal traditional sense can´t be done. Their importance from a symbolic and moral perspective shouldn´t be underestimated and it´s the context of which law reform has its geatest significance. Public reaction is rallying against, and marks a stance against something that´s considered a wrongful act. The problem with the effective Penal Code would be the same when the law prohibiting corporal punishment of children and the law prohibiting the purchase of sexual services came about. The moral effectiveness of this has the greatest influence on people's attitudes and opinions and has its most significant impact on children and adolescents. The power of language is great and depending on which term is used, rape or sexual abuse, can be crucial for the perception of the crime. The effectiveness of law reform isn´t the traditional efficiency but rather the signal and symbolic value it has. Something that could ultimately change attitudes and preferences amongst the people. The number of alleged rapes reported is increasing and this, according to the Crime advisory board can be either related to an increase in rapes, more incidents now being classified as rape, or an increased propensity in the reporting of rape. Increased susceptibility to the notification may be a result of the selection made by society in that it looks more serious in certain situations than previously. This change has had a real impact on development. Eventually, in my view, its importance will increase further when the marker has been set. Penal provisions that are to be regarded primarily as a normative position with a view to changing attitudes and approaches to women and gender, must not denigrate from the original situation. On the contrary, law, morals and values are inextricably linked and the law reflects developments in society. It´s of outmost importance that there´s trust and understanding among citizens of the jurisdictions we have to relate to. Although the justice system is inherently conservative, it can´t make itself blind to public perception. The media have an important role in giving voice to these thoughts and to discuss things that can be experienced as injustices and inaccuracies. There´s still much to be done to improve the situation for women who find themselves in vulnerable situations. In the long term it´s the most important factor for greater gender equality. In the short term, the increased gender equality can cause a more potentially dangerous situation, when women are consuming more alcohol in combination with socialising. It´s also essential that the law is clear on what society considers as right or wrong.