Sawing of proposals for increased punishment for rape

Heavy criticism of stricter minimum punishment for rape. Stock Photography. Photo: Johan Nilsson / TT

The government has already flagged to increase the punishment for rape. But now the proposal has been seen by a number of heavy courts.

In June, the government’s investigators proposed that the minimum sentence for rape be increased from two to three years. But three of the inquiry’s experts opposed the proposal, because they did not see strong enough reasons – in addition to the Riksdag pushing for tougher penalties.

Several legal consultative bodies are now behind experts and rejects a stricter penalty. other crimes and that a sharpening of the penalty scales is not the appropriate way to reduce recidivism in sexual crimes, as there is a lack of empirical support for tougher penalties reduces this risk “, the Swedish Courts Administration writes in its response to the consultation.

“The criminal policy will that sexual crimes be valued more severely than other crimes weighs, in relation to the reasons mentioned, less heavily.”

Disproportionately high

Also the Public Prosecutor’s Office, The Crime Prevention Council, the Court of Appeal in Skåne and others ch Blekinge, Solna District Court and the law and criminology faculties at Stockholm University oppose a tightening.

Several point out that the very concept of rape has been expanded several times in recent years, so that more acts today are seen as rape, which is a sharpening in itself. In addition, the concept of rape will be further expanded with the inquiry’s proposal.

Several consultative bodies refer to the fact that the minimum penalty for rape would be disproportionately high, twice as high as for, for example, aggravated assault – where it is required that the act is life-threatening or otherwise particularly brutal, and that the victim has suffered serious injuries.

It is opposed that involuntary elements in an otherwise voluntary intercourse can be classified as rape, as well as short-term abuse, sometimes only with the fingers, against a drunk or sleeping person.

Slow on the slopes th>> to other serious crimes, such as aggravated assault, aggravated extortion and other violent crimes against a person “, writes the Public Prosecutor’s Office.

The Public Prosecutor’s Office also refers to the fact that it has not been very long since d e latest legislative changes, and that one should therefore be careful with further changes. In 2018, the Consent Act was introduced, which both increased what can be convicted of rape and increased the punishment for aggravated rape.

But Minister of Justice Morgan Johansson (S) has said that he is satisfied with the proposals, and that they follow society’s view of crime.

– I am pleased that the investigator has been sensitive to politics, he said when the investigation was presented.

– That’s a good suggestion. The crime of rape is a serious crime and then the legislation must look at it strictly.

abolished fines When last summer the government presented a long list of measures to stop violence against women There were stricter penalties for rape and imprisonment for sex purchases among the proposals.

The latter proposal – that fines should be removed in the penalty scale for sex purchases – is also criticized by several consultative bodies .

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Published: 03 October 2021 at 13.28

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