Sexuella riskbeteenden och destruktiva sexuella miljöer inom ramen för 3 § LVU - En rättsfallsstudie samt en undersökning av barn och ungas normbrytande sexualitet och sexuella utsatthet

Sammanfattning: Children and young people can, motivated by their own sexual risk behaviors, sexual vulnerability and stays in destructive sexual environments, be taken into care with the support of the law (1990:52) Care of Young Per-sons (Special Provisions). The essay aims to investigate which risk behaviors and risk environments that are included under the 3 § prerequisite of “other socially destructive behavior”. The essay initially consist of a descriptive part in which applicable law is presented. The applicable law is studied based on legal text, preparatory works, practice from the Supreme Administrative Court and two cases from the Court of Appeals. The empirical study in the next chapter studies twenty-two cases from eight different administrative courts where the social welfare board applied for care based on sexual vulnerability, sexual risk-taking or staying in destructive sexual environments. The fourth chapter examines the themes identified based on preparatory works, practice and previous studies of verdicts regarding LVU. Finally, the result is analyzed with emphasis on whether the three themes are compatible with cur-rent law and whether sexual vulnerability should be rewritten as a behavior.