Samtyckeslagen - ett icke önskat utfall?

Sammanfattning: The first of July 2018, the Swedish sexual cime act on rape was change. The previous crime prerequisites violence and threat were removed. The prerequisite was replaced by the fact that the penalty limit is that one party "did not participated freely". In the media, the law has been named the law of consent. While the law was introduced, criticism of new law was put forward by several actors. The essay aims to investigate whether the criticism is reflected in the judgments. The investigation was carried out by collecting 84 judgments from Sweden's district courts. This was possible by the using the publicity principle. To understand the criticism, the essay begins with a historical review of rape regulations to see what led to the consent law. Definitions of legal-technical sex offenses are reviewed to understand the problem of evidence in these types of goals. The criticism of the law consisted of the following; that the law would make the victim become the protagonist of the trial, that it would breach systematics of the legislation, that it was a normative legislation, that difficulties of applicability would arise and that it would increase verdicts of guilty. After the compilation of the criticism, the essay began to go through the court cases and examine whether the concerns in the criticism could be verified in the judges. Finally, I give my personal thoughts and observations on the issue. Criticism raised various aspects of the possible consequences of the law, but largely the criticism was not reflected in the cases. There were parts of the criticism that were difficult to comment only on the basis of the legal cases as a basis. Some of the concerns in the criticism had to a large extent already been discussed before the entry into force of the new provision, speaking because they were not specific to the new law, but concerned general difficulties with sex crime legislation.