Upprättelse för barn i barnpornografibrott

Sammanfattning: This study aims to investigate and analyze what remedies that could be adequate for victims depicted in child pornography in Sweden. It was conducted using legal dogmatic method, combined in certain parts with child psychology regarding documented sexual abuse. This was done throughout a structural analysis of the issue, using a chapter format. The theory used for analyzing the subject is an individual-liberal perspective on access to justice for victims. It uses a mixture of classic liberal criminal theory, developed partly by John Rawls, and the specific models put up by Alexander Peczenik for formal and material justice. The material used in the study is mainly legal doctrine, an interview, formal legal text and legal cases, ranging from Swedish district court to Swedish supreme court. A highlighted issue in the study is the handling of restrictions in preliminary investigation from the prosecutors side, and the lack of access to remedies for victims that are not on Swedish territory, as well as victims of documented sexual abuse that don’t have a connection to the perpetrator in child pornography cases, apart from the perpertator possessing material depicting the child. The topic is of high relevance as the expanding digitalization of society creates new ways for perpetrators to abuse children, while simultaneously creating new possibilities for law enforcement to adopt methods for investigations and identification of victims. Furthermore, it’s important to analyze the issues in today's legal climate where victims of crime are given a more central part of legal proceedings, and their access to remedies are highlighted as a bigger issue than before. In conclusion the study found that the access for the victims to remedies is limited in Sweden. This showed partly in the way that no plaintiffs were found in cases surrounding only possessions of child pornography. This findings were prevalent even though identification of victims is a prioritized matter in Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and in breach of several articles in the UN Convention of the Rights of the Child, no matter the territorial context the convention was applied. Additionally, using certain anchor points in criminal theory, the study concluded that punishments imposed on perpetrators of crimes of possession and creating of child pornography are not always adopted with the victims right to remedies as a central focus, but that the retribution aspect is only partly considered in sentencing.