Rape, As Sweden Redefines It

By Andreas Lönnqvist
STOCKHOLM, Feb 7 (IPS) The number of reported rapes in this Nordic country
has increased dramatically
in recent years, especially after the Swedish Sexual Crimes Act was
reformed in
2005. This does not, however, necessarily mean that the actual number of
rapes
has increased, according to analysts.

In some international media reports about the accusations against
Wikileaks
founder Julian Assange, who is wanted for questioning by the Swedish
police,
the Sex Crimes Act has been described as very strict and tough – a
stand
supposedly taken by the Swedish government to deal with sexual crimes
committed by its citizens.

But according to Mårten Schultz, associate professor at the faculty
of law at
Uppsala University, that description is not true.

"I think it is a bit of a myth that the Sexual Crimes Act is so much
tougher
than in most other countries. The truth is that it is not that
different," Mårten
Schultz tells IPS.

In 2005, the definition of rape in the Swedish Sexual Crimes Act was
broadened to include, for instance, having sex with someone who is asleep,
or someone who could be considered to be in a "helpless state".
This applies
to situations when someone for some reason would not be capable of saying
"no". A typical situation where the law can be applied is if
someone very
drunk at an after-party falls asleep at a couch, and then wakes up and
realizes that someone is having sex with them.

That would constitute rape according to the 2005 law, and not "sexual
abuse",
which was the case before the law was amended. In this respect the new law
did not criminalize behaviour that previously had been legal, but rather
broadened the definition of what constitutes rape to include a larger
number
of sexual crimes.

The fact that the definition had been broadened could soon be seen in the
rape statistics – the number of reported rapes more than doubled
between
2004 and 2009, a year when almost 6,000 cases were reported. According to
a Crime Survey made by BRÅ, the Swedish National Council for Crime
Prevention, there were, however, no indications of an increase in the
actual
number of people who fell victims to sexual crimes between 2005-2008.

The increased number of reported rapes has not lead to a similar raise in
the
number of convicted rapists. According to Klara Hradilova-Selin, research
analyst at BRÅ, this can partly be explained by the fact that more
Swedish
women now dare to go to the police to report the abuses they have
suffered.
This results in a higher number of reports from victims who might not have
suffered any violence and have no visible injuries, and where there are no
witnesses – and it’s their word against that of the accused.

"These crimes are always difficult to investigate, but it is even
harder if there
are no injuries or other technical evidence – the kind of cases that
maybe
were not reported at all earlier," says Klara Hradilova-Selin.

The number of unrecorded cases is probably still very high, but she says
the
attitudes towards sexual abuse and rape have changed in Swedish society
during the last ten to 15 years. Rape victims might still blame themselves
thinking that ‘I should not have become drunk’, or ‘why
did I wear that short
skirt’, but it is not as common as before.

"This has been so widely debated and the attitudes have changed a bit
–
which leads to more reports. People have lowered the bar for what they are
willing to report," says Klara Hradilova-Selin.

But one relevant question to ask is what really has been achieved if more
reports are being recorded – while at same time the likelihood that it
will end
with a conviction is even less today?

Last November a governmental commission recommended several changes to
the legislation, in order to better protect victims of sexual abuses.
Among the
proposals is one that aims to broaden the definition of the condition
"a
helpless state" for rape victims, to make the application of the law
more
efficient. The proposals are now under consideration with several bodies,
and
a bill may be ready by 2012.

Klara Hradilova-Selin says the intention with the Sexual Crimes Act is not
just
"to nail people". She says the law also has a normative
function.

"It is very important to try to prevent actions, especially when it
comes to
these kinds of crimes that are so intertwined with attitudes and values.
Laws
have a very symbolic value," she says.

The debate about the case against Julian Assange has in Sweden led to a
more
general discussion about what kind of sexual behaviour is ok, and what is
not.
And this is something Klara Hradilova-Selin welcomes.

"Yes, I have myself been in a debate that was supposed to focus on
the
accusations against Assange, but instead it transformed into a larger
discussion about where the line should be drawn," she says.