Köp av sexuell tjänst eller våldtäkt - Hur förhåller sig brotten till varandra efter införandet av frivillighetsrekvisitet i 6 kap. 1§ BrB?
Sammanfattning: Buying sexual services has been illegal in Sweden since 1999. Although the criminalization in the preparatory work was partly motivated by the fact that prostitution is harmful to the individuals who are in the situation, it is not, at least not clear, a crime against an individual. At the same time, there are people with experience of selling sex that tells about their experiences, showing that abuse can be a part in prostitution. Though, this is something that is not very often heard about in the legal process. Since July 1, 2018, Sweden has a rape legislation that is consent-based, which states that the person who has sexual intercourse or certain sexual acts with someone who does not consent, commit rape. The new legislation has been considered as an important step in strengthening the protection of personal and sexual integrity. The purpose of this work is to investigate how today's rape legislation and sex-buying legislation relate to each other, and whether it is now possible to consider prostitutes' consent to sexual acts with sex-buyers. The work investigates current law regarding the two crimes of rape and sex purchases by means of preparatory work, doctrine and practice, and then compares the criminalizations to see what issues may arise in the relationship between the crimes. Subsequently, the courts' arguments regarding consent are examined to see how this is treated in relation to the various crimes. In summary, it seems possible that the two various crimes could overlap, where a sex purchase can be considered rape. However, it is difficult to say whether the fact that the sexual act is based on a sex purchase has an impact on the assessment of consent and the obligations for cautiousness for the perpetrator in the court
HÄR KAN DU HÄMTA UPPSATSEN I FULLTEXT. (följ länken till nästa sida)