Har våldtäkt mist sin betydelse? - En genomgång av begreppsförändringen som skett för det grövsta sexualbrottet

Sammanfattning: Over time the crime rape has been a discussed topic, non the least among politicians and jurists but also among the common people. Protests, debates, newsarticles and hashtags are not unusually occuring in the discussion. The object of this essay has been to give an overall look at the boundaries for the legal word rape and aims to anwser where the original boundaries were drawn and how the boundaries have shifted with the latest consent-debate. To anwser the question at issue the traditional right dogmatic method has been used. The essay starts with a short introduction of the criminal law from 1864 followed by the entry of the ”modern” criminal law 1965. In the review relevant cases are analyzed to illustrate the application of certain requisits for that time. In the consent debate a brief overview is made of the European court of human rights judgment in MC vs Bulgaria and what that judgement meant for Sweden. The essay further presents SOU 2016:60, a law-proposition where the sexual integrity is in the centre and violence and threat has been eliminated from the law. The proposition aims to create a normative view that clearly shows that the limits of a rape is not drawn by the show of violenc or threat but by the fact that the other person does not voluntarily participate