Underlåtenhet att anmäla eller avslöja pågående våldtäkt - En åskådares skyldighet att agera vid pågående våldtäkt

Sammanfattning: Sweden is, opposed to other European countries, missing a general regula-tion concerning citizens obligation to intervene against an ongoing criminal act. The Swedish equivalent to that regulation can be found in 23rd chapter 6th § BrB (Brottsbalken) regarding spectators’ failure to reveal or report on-going crime. This essay aims to analyze on what grounds a spectator can be obligated or charged for its passivity primarily concerning ongoing rape. Silence or passivity can constitute both complicity and failure to reveal rape in accordance with 23rd chapter 4 and 6th §§ BrB. Psychical promotion in Swedish law could enable the application of 23rd chapter 4th § BrB compliance. In Swedish literature and law custom there is a wide variety of different approaches to psychical promotion of crime. The main takeaway is that the effect of the promotion is irrelevant, and the as-sessment is often based on ‘common sense’-arguments on a spectator’s per-ception of the situation. In cases whereby a spectator is neglecting to report or reveal an ongoing rape it can be charged in accordance with 23rd chapter 6th § BrB. Though this regulation has been found to be problematic. It is formulated in a way that, in most situations where a rape has occurred, it is impossible for the court to ever sentence a spectator for its neglect. The problem lies within the regula-tion’s exceptive prescript. In this exception it is stated that the obligation to report or reveal ongoing crime should only be applicable given that the re-veal can take place without danger for the spectator. Hence the regulation loses its intended use in rape situations. Furthermore, the exception has its roots in protection against self-incrimination in article 6 ECHR which makes the lawful situation even more complicated.