Våldtäkt tillsammans och i samförstånd - Om ansvarsfrågan vid fleras deltagande i våldtäkt

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

Sammanfattning: Rape crime is in Swedish law regulated in Chapter 6 Section 1 of the Penal Code. The regulation has been through extensive changes during the past decade. Our current rape law does no longer require violence or threats, but is instead built upon the lack of voluntary participation. When it comes to sexual offences, crimes committed by a group of people is not unusual. In a situation where more than one person participates, the question of who is to be considered perpetrator must be examined. This issue has recently been discussed by the legislator such as the Supreme Court and it has been found that rape can be committed to someone without physically touching that person. Traditionally, a requirement for committing rape has been that the perpetrator himself must have personally physically performed the sexual act. However, since this is no longer treated as a necessity, it opens up for the possibility to convict several perpetrators for rape. The purpose of this thesis is to discuss co-perpetration in rape crime according to Swedish law. More specifically, it seeks to analyze the line between general criminal participation and co-perpetration, or in other words, when more than one person is considered being the perpetrator. The question has started an ongoing debate in relation to Swedish law whether the possibility could be a risk to fundamental legal principles. Swedish courts tend to only briefly discuss co-perpetration, especially when it comes to rape law. This makes it somewhat unclear what kind of behavior that constitutes the participation that is required to be considered a co-perpetrator. Lack in clarity in our current rape law also makes the line hard to draw. However, some examples of cases where the court has discussed co-perpetration can be found for guidance. A significant difference between general participation and co-perpetration is that co-perpetration requires some kind of cooperation and united action where the perpetrators act together and adapt to each other. It can also be concluded that the court in a situation where violence is being used usually consider the person who has not performed the sexual act, but have participated in the violence, as a co-perpetrator. However, it must be shown that the violence is an integrated part of the crime.

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