När kroppen inte kan göra motstånd - Om synen på våldtäktsoffret i relation till hanteringen av frozen fright i svensk rätt

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen

Sammanfattning: A recently published study from Stockholm South General Hospital Emergency Clinic for Rape Victims shows that 70 per cent of the questioned victims had experienced a state of frozen fright during the rape. Frozen fright means a diminished or absent volitional movement accompanied by diminished vocal capacity in response to a traumatic event. The purpose of this thesis is to examine the perceptions of the rape victim in relation to how Swedish criminal law deals with rape cases where the victim has not resisted because of fear and thereafter determine whether the dealing is satisfying from a victim's perspective. The essay describes the deeply rooted perceptions about how an ideal crime victim should react, act and behave before, during and after a sexual abuse. That the victim does not know the perpetrator and that the woman desperately defends herself, even at the risk of her own life are, among other thing, perceptions of an ideal rape victim. The perceptions may risk to influence the formulation and application of the rape regulation. The Swedish criminal law is governing rape in Chapter 6, article 1. The first clause of the article enacts criminal liability for the person who forces a sexual act by threat or violence. The victim does not need to make any physical resistance but in order to prove force it makes it easier if evidence can show of a resistance or protest. The second clause of the article enacts criminal liability for the person who executes a sexual act when the victim is in a particularly exposed situation. A rape victim who experiences a frozen fright is considered to be in a particularly vulnerable situation due to grave fear. The paper also contains an analysis of the application of law. It appears that in the formulation and application of law there are some problems. From a victim's perspective it is problematic during the judging of the victim's credibility, the crime classification, how the victim's will is expressed, the perpetrators intention and the evaluation of grave fear and particular exposed situation. The problems in these areas are largely based on the perceptions of how an ideal crime victim should react and act during a sexual assault. As a part of the examination of the legal position of rape and rape victims the paper also study the bill from 2016 to change the sexual criminal law. The bill proposes that the rape regulation will be based on an affirmative consent and a criminal negligence. The essay discusses the problems with the current legal position, the perceptions of a victim and the bill to determine if the new rape regulation satisfies the victim in a more satisfying manner. Even though it is a long process to change deep-rooted perceptions about the ideal crime victim the bill is one step in the right direction as it better satisfies the victim of a rape.

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