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Sweden to Adopt New Consent Clause to Jail More Sex Offenders

© Flickr / Jorge FranganilloStockholm: Strömbron
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After a heated debate, which flamed up in the wake of a surge in sexual assaults and harassment, Sweden is preparing to toughen its sexual laws. Among other things, consent is expected to be made part of the legislation. Additionally, online sexual assaults will be targeted, while significant changes in terminology are to be expected.

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The sex debate in Sweden has been exacerbated by the number of acquittals in rape cases, with many disputants arguing the legislation was too lenient. One of the focal points of the proposal, submitted to Swedish Justice Minister Morgan Johansson for consideration, is the consent clause. Accordingly, a simple lack of consent would be sufficient to put the alleged perpetrator behind bars. At present, Swedish prosecutors are struggling to prove the use of threats, violence or coercion in rape cases.

Put in plain terms, a 'no' is no longer required from the victim. Instead, a simple lack of 'yes' should suffice to bring charges against the perpetrator.

"Consent must be expressed either verbally or through body language. The victim does not have to explicitly say no. Inaction cannot be considered voluntary participation. Additionally, one must also be able to reconsider, even if they previously said yes," Mari Heidenborg, chairperson of the Sexual Offences Committee told Swedish state broadcaster SVT.

By Heidenborg's own admission, a sexual law based on the moral duty of care, tenderness and free will should give a better perspective of what sexual intercourse should be in a modern and equal society.

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In order to raise the number of reported cases and convictions, the rape concept will be abolished and replaced by the concept of sexual abuse. According to the Sexual Offences Committee, a huge number of sexual crimes today remain unreported, as crime victims erroneously believe that no crime has been committed. Furthermore, a number of changes in nomenclature are expected to occur in order to better reflect the current situation. According to Heidenborg, only a small part of today's sexual abuse has elements of violence. Accordingly, Sweden plans to crackdown on sexual abuse which happens online — where perpetrators and victims do not have physical contact.

Additionally, the scale of penalties will be widened with the rubric of "particularly serious crimes," which may yield a prison term of up to ten years. These involve, above all, sexual offences against children.

Whereas hailed by Swedish feminists and human rights activists as "having a real impact on society's norms," the proposals also triggered criticism. According to counselor Baharak Vaziri, who runs her own law firm, the new legislation may shift the focus to irrelevant and peripheral matters, which in turn may lead to intimate and offensive questions to the victim during interrogation.

"It will be hard for the victim to sit in a courtroom, potentially facing more intrusive questions than today," Vaziri told SVT.

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The proposals for stricter sex laws were previously criticized by the president of the Swedish Bar Association Bengt Ivarsson. According to Ivarsson, the toughening of the legislation carried an increased risk of innocent people being convicted.

At present, Sweden remains at the top end of reported rape cases. In 2014, there were 69 rape cases per 100,000 population reported, which ranks among the world's highest. Whereas the increase in rape cases is often blamed on the influx of immigrants who not necessarily share basic Swedish values, there is no official evidence to support the cause, since the Swedish Council for Crime Prevention (Brå) stopped releasing detailed data on rape committed by immigrants in 1996. In Sweden, it is considered incorrect to stress the criminals' ethnic or religious background.

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