Offer för en mänsklig gärningsman? - En kvalitativ innehållsanalys av våldtäktsdomar

Detta är en Kandidat-uppsats från Lunds universitet/Socialhögskolan

Sammanfattning: Abstract Authors: Frida Ljungsten, Sara Sandberg Titel: Victim of a human perpetrator – a qualitative content analysis of judicial decisions. Supervisor: Roberto Scaramuzzino Examiner: Anett Schenk It is not unusual today that one will find articles about crimes of rape in the Swedish media. These articles are often expressing a doubt against how the court of law sentences the offender or describe the victim, in their opinion in a negative way. This study has taken its shape from these discussions portrayed in the media, as well as in a speculation around how the newly changed law is handling the critique that has increased during the last year. On top of this we discovered that the area covering the presentation of the victim and the offender in a judicial decision is somewhat unexplored. The purpose of this study is therefore to understand the presentation made of the victim and the offender in the judicial decisions, before as well as after the change of law that occurred in July 2013. To do this we are using a qualitative content analysis, looking at sixteen cases, to study the court discussions in judicial decisions. We are using Nils Christie’s (2001) theory of ideal victims to describe and understand the presentation of the victim and the offender. On top of that we use theories about judicial discretion to understand the changes within our study. The study shows that the different judicial courts are presenting the offender and victim in a somewhat alike manner. The biggest change being that the offenders, and as a result the victims, are portrayed a bit more ideal after the law changed. We drew the conclusion that the judicial discretion must be weak in most cases, but alas allowing some room for different interpretation. In a few instances the discretional freedom appeared to be stronger, though, often where the laws were unspecified and left a big capacity for interpretation. In conclusion, our result does not show a big distinction from before and after the change.

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