Han var förvirrad och hade svårt att förstå eftersom hon samtidigt sa nej och grät

Sammanfattning: Skagerfält, F & Hall, M.” He was confused and had a hard time understanding because she at the same time said no and cried.” A critical discourse analysis on the construction of women in rape judgments. Degree project in Social Work 15/30 credits. Malmö University: Faculty of Health and Society, Department of social work, 2019. This thesis examines how the “consent law” has affected the view of free will, and how the victim, the woman, is constructed after introduction of the consent law the first of July 2018 in Sweden. To implement it, we studied 10 rape judgements after the insertion of the consent law, from different courts in Sweden - Malmö, Lund, Göteborg and Stockholm. We have used a critical discursive analysis method, a qualitative tool to visualize the gender-based construction of the” woman”. Based on the gender theory the results show that the insertion of the consent law, has increased the focus of the free will of the victim, instead of the violence and force in the act of rape by the perpetrator. The result from the judgments did not show any normative change in the society, yet. All of the reviewed judgments show how the woman are subordinate to the perpetrator, the man, both physically and structurally. The themes we found for our result were: free will, the production of the rape victim, an adaption that the woman wants to have sex, and the sexualized violence against the woman. In the analysis, we could see a connection through all of the themes, they influenced each other. Keywords: rape, consent, free will, perpetrator, victim, gender, sex, power.