Låt den rätte logga in. En utredning om straffrättens syn på virtuella sexuella övergrepp.
Sammanfattning: Due to tradition, sexual abuse has always been regarded as a crime that presupposes the perpetrator to perform the relevant act in person. For sexual offences, the relevant act is the sexual component. The legislation on sexual offences aims to protect sexual integrity and the right of self-determination in order to prevent coerced sexual acts on individuals. In June of 2015 The Supreme Court decided a case of online sexual abuse, so-called sextortion. The accused had coerced the victim to carry out sexual acts on herself, streamed via webcam, by threatening to disseminate sexual images of her, should the demands not be met. The Court waived the tradition mentioned above and sentenced the man for sexual abuse of minor. This spring Attunda district court will decide whether sextortion or sexual abuse online also could be considered rape of minor. The purpose of this essay is to examine the protection of criminal law on online sexual abuse. First of all, the essay considers potential applicable offences and how these cases are decided under the application of law. The aim is also to consider the arguments regarding if online sexual abuse could be considered rape. Hence, in the following section, the study gives an account of how to define what the sexual offence law aims to protect. Further, the article questions what ideas of gender and sexuality the adjudication reflects. In conclusion, the discourses displayed in reasoning and judgements is thus analysed from a gender perspective. The essay concludes that online sexual abuse generally is considered sexual coercion or sexual abuse of minor. This seems to be the case despite the fact that the sexual acts often correspond to the qualified sexual acts present in physical sexual abuse considered rape. The study suggests that the absent perpetrator prevents the courts from waiving the tradition described above where the perpetrator must have performed the sexual act in person. The actions are still measured by their comparability with vaginal intercourse, a judgement based on heteronormative male sexuality. Lastly, this study highlights how some of the discourses displayed in the judgements reproduce social norms about female sexuality.
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