En fråga om vem som beskylls i våldtäktsfall. ”Det framstår således som om hon i viss mån överdrivit det våld hon fått motta"

Detta är en Kandidat-uppsats från Lunds universitet/Rättssociologiska institutionen

Sammanfattning: This study seeks to understand if and how Swedish judges use "victim blaming" in judgments of rape. In total eleven categories of "victim blaming" were included in the study and 81 cases was examined. The results show that in these 81 cases of rape "victim blaming" was present in six cases. The injured party got blamed based on their consumption of alcohol, consumption of drugs and if and how they resisted. Furthermore, the results show that an injured party that fits all the boxes of an "ideal victim" still can be subjected to "victim blaming". In all six cases where "victim blaming" accrued the injured party fulfilled at least three out of the six markers of an "ideal victim". To analyse the results both Christies theory about the "ideal victim" and Brownmiller’s "date rape" was used. Only 20 out of the 81 cases are examples of "stranger rape". When it comes to the six cases of rape where “victim blaming” occurs just one is a "stranger rape". Resistance, both the amount of it and the kind of it, is of relevance. In the two cases where "victim blaming" occurs the injured party is accused of not using the right amount of force, both verbally and physically. In the four cases where "victim blaming" occurs as a result of the injured parties use of alcohol or drugs the memory and thereby the relatability of the testimonies is questioned.

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