Var det verkligen en våldtäkt? Samhällets normer i domstolens resonemang – en textanalys av friande våldtäktsdomar

Sammanfattning: The aim of this study was to investigate rape as a crime and how rape is discussed in the court. The empirics was five chosen judicial decisions where the indicted have been cleared of all charges. The purpose of this essay was to discuss how the handling of the prerequisites effects the outcome of the cases. The method that has been used is textual analysis where important themes have been singled out and summarized in a chart. The themes have then been used as groundwork for the analysis and results. The most important results in this essay are that there is a wide gap between the law in the law book and how the law is being used in the courtroom. The court have the empowerment to judge whether someone is guilty or not, and this power creates norms in the courtroom. The discussion in this essay focuses on how these created norms in rape-cases allow for a gap and how this effects how the prerequisites is being handled. The prerequisites for rape-charges is reversed so that the plaintiffs have to prove that a rape has taken place beyond all doubt, since beyond all doubt is a absolute concept there is a slim chance for the indicted to be sentenced.