Barns rätt till skydd och upprättelse - Om preskriptionstiden vid barnmisshandel

Sammanfattning: Sweden is a member state to the Convention on the rights of the child. Therefore it has to have the child’s best as its primary interest while forming regulations regarding children. In this essay I wanted to explore what implications this requirement had on how the Swedish state should form the statute of limitation on sexual abuse against children and other types of child abuse. I’ve looked at bills put forward by the Swedish government regarding the formation of the regulations of the statute of limitation, especially the ones regarding sexual assault against children, and examined the arguments put forward by the government for this divergence. I’ve also looked at the similarities and differences between sexual abuse and other types of child abuse from a child’s perspective. The conclusion is that the state has to look at the different types of crimes from a child’s perspective and design the statute of limitation accordingly. For a child factors like who the perpetrator is and if the abuse is frequent and continuously seem to have a bigger importance than which type of abuse it is. Also, the rules regarding sexual abuse against children should take into account the child’s comprehension of sex. These are the implications of a requirement of a child perspective.