I rubriceringsvalets oklarhet vid grov våldtäkt - om svensk gradindelning av grov våldtäkt som begås under vapenhot

Sammanfattning: The purpose of this thesis has been to examine the Swedish classification of aggravated rape when the act is committed under threat with weapons from a legal security perspective. In addition, the purpose of this thesis has also been to investigate the circumstances that should be considered for a threat to be particularly serious. Analysis of case law has been crucial for understanding how the criminal classification should be applied. Furthermore, the analysis has been essential for understanding the circumstances that should be considered for a threat to be particularly serious. The thesis has presented the following conclusions. Firstly, I illustrate several circumstances which should be considered in assessing whether a threat should be particularly serious, such as the nature of the weapon and whether the weapon was aimed or held against the victims body. Secondly, I have concluded that the overall assessment is decisive regarding how the criminal classification should be applied. Furthermore, I have decided that in cases where a threat is particularly serious due to threats with weapons aimed or held against the victims body, then the act should be classified as aggravated rape. Thirdly, the thesis has concluded that case law is not uniform in application of law, mainly demonstrated in the decisions of the Svea Court of Appeal (B 7598-21) and the Court of Appeal for Western Sweden (B 4810-21). Furthermore, it has been stated that the case law thereby been unpredictable and inconsistent. Finally, I have decided that the Supreme Court will probably consider the threat particularly serious and classify the act as aggravated rape in case B 6401-21.