Crime. Scrap concept of rape. It will government investigators Mari Heidenborg to propose in the fall.
– Rape is a concept that is misleading because there are a few cases where it actually is the issue of physical violence, she said.
the concept of rape has been widened so much that many no longer know what is intended. Sometimes I think, for example, young people that they have been raped because there has been violence, according to the investigator Mari Heidenborg, Judge at the Solna District Court.
Once the completed investigation handed over to the government in October, therefore, one of the proposals is to “rape” with “sexual assault” in the legal text.
Justice Minister Morgan Johansson (S) has received prior information of Heidenborg on upcoming proposals. He does not want to prejudge the commission’s final proposal or the government’s treatment, but still says:
– It looks good, we should have a law that strengthens the sexual integrity and contributing to people feel secure. So it has not been before.
It can be more clearly what people have to relate to, he believes.
Solves not evidence
Early in the investigation was Mari Heidenborg open to a so-called oaktsamhetsrekvisit and writing on consent would belong to future proposals.
When the rape debate was most upset 2013-2014 – after several high-profile acquittal rape sentences – many felt that the solution to get more convictions was just a “consent law”. But several heavy voices – such consent proponent Christian Diesen, professor emeritus of law – pointed to evidence the difficulties will persist with a consent kind.
Mari Heidenborg reason in the same way.
– There is among some reliance on a law that is based on consent or voluntary participation will lead to more convictions. Our assessment is that it will not do that because we do not change anything in terms of standard of proof or the burden of proof, she said.
“Reasonable caution in relations”
the evidence difficulties available in rape cases today, in which words many times is the word, will remain.
– a change is more about getting a law which is in line with the times and talking about what is a criminal offense, a non-acceptable behavior when it comes to sexual intercourse, says Mari Heidenborg.
the proposals will revolve around that “sexual intercourse must be based on voluntariness and reciprocity and a caution or prudence in intercourse. “
today, rape is an intentional crime – the perpetrator must have had knowledge of a crime is committed.
– With a oaktsamhetsrekvisit is not insight but rather that not enough has been ascertained and taken out if it is truly voluntary.
Oaktsamhetsrekvisitet would apply some serious cases of sexual abuse.
FACTS
Background: Reasoning about consent
A consent laws for rape has been around in the UK since 1976 according to Christian Diesen, professor emeritus of law.
– where there has not been more convictions. It is always the prosecutor to prove the crime, and it is equally difficult to prove coercion to prove lack of consent, said Diesen in a previous interview with TT.
Katrin Lainpelto, researching of supporting evidence, held at the same time with.
– We will never get away from that word often stands against word in rape cases. A law on consent strengthens victims’ status, but I can not see that it would solve the evidence problems.
Diesen nonetheless advocates a write of consent on the grounds that it has a normative effect where ” men must realize their responsibility. “
– you try to inculcate that there should be a clear yes and that takes a mighty big risk by having sexual intercourse for example by a drunk.
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