En gång är ingen gång två är lika med noll? - Grov kvinnofridskränkning och dess snäva rekvisit upprepad kränkning

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: In 1997 a proposition was presented to define a new crime, gross violation of women´s integrity. The motives for the proposition was that dynamics of power between women and men in a marriage, or in a relationship that is equivalent to a marriage, was not equal. The purpose of this essay is to ana-lyze how the requisite on repeated violation is concordant to the intention of the paragraph. The essay also illustrates a few important amendments from a historical perspective to show different paradigms according to men´s viola-tions against women in their marriage, and in equivalent with resemblance to a marriage. This is to give the reader a better comprehension of the purpose of the paragraph. The essay investigates the requisite on repeated violation through a legal judi-cial method by accounting for law, proposition, custom, doctrine and an inter-view with a prosecutor. The result of the essay shows that the some of the requirements of the requisite has different interpretations. This is mainly due to the requirement that it has to be several acts, that the acts must have certain gravity, the principle ne bis in idem and the requirement of a certain timely distance between the acts. By studying the proposition and the law it has be-come clear that the law leaves gaps for the court to fill. The analysis brings up all the different interpretations to make a conclusion about which reformations that could be suitable according to the purpose of the paragraph. Concludent for the essay is that the requisite of repeated viola-tion is not concordant to the object of the paragraph. The conclusion is also that ne bis in idem should not be an obstacle against being able to take regard to crimes that has already been prosecuted, and that the other requirements of the requisite should be more specific and have lower requirements.

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