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| NCJ Number:
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NCJ 046650
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| Title:
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NEW PENAL PROVISIONS ON SEXUAL OFFENCES PROPOSED IN SWEDEN
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| Journal:
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INTERNATIONAL JOURNAL OF OFFENDER THERAPY AND COMPARATIVE CRIMINOLOGY Volume:21 Issue:3 Dated:(1977) Pages:264-269
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| Author(s):
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L G ENGSTROM
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| Corporate Author:
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Assoc for Psychiatric Treatment of Offenders
United Kingdom
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| Publication Date:
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1977 |
| Pages:
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6 |
| Origin:
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United Kingdom |
| Language:
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English |
| Annotation:
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THE DRAFT OF A NEW SWEDISH LAW, WHICH SHIFTS FROM PREVIOUS EFFORTS TO LEGISLATE A PREVALENT SEXUAL MORALITY TO FOCUS ON SEXUAL ACTS OF OUTRAGE AND INJURIOUS VIOLENCE, IS DISCUSSED. |
| Abstract:
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PENALTIES FOR OFFENSES SUCH AS ADULTERY, SODOMY, AND HOMOSEXUAL ACTS ARE ABOLISHED IN THE DRAFT AS AN ACKNOWLEDGEMENT OF THE DIFFICULTY AND UNDESIREABILITY OF ATTEMPTING TO LEGISLATE AND CONTROL SEXUAL ACTS FREELY CHOSEN BY MUTUALLY CONSENTING ADULTS. THE PROPOSALS CONCERNING CRIMINAL ACTS WHICH INVOLVE FORCING SEXUAL INTERCOURSE ON A PERSON UNDER DURESS CHIEFLY DENOTE A TECHNICAL OVERHAUL OF THE EXISTING RULES. OFFENSES ARE DIVIDED INTO THREE DEGREES OF SEVERITY. FOR 'SEXUAL COERCION,' AS IT IS TERMED IN THE DRAFT LAW, A SCALE OF PUNISHMENT RANGING FROM AT LEAST 6 MONTHS TO AT MOST 4 YEARS OF IMPRISONMENT IS PROPOSED. ACCORDING TO A MILDER PUNISHMENT SCALE FOR THE LEAST SERIOUS OUTRAGES, IT WILL BE POSSIBLE TO SENTENCE THE OFFENDER TO A SHORTER PRISON TERM OR TO ORDER PAYMENT OF FINES. THE MOST SERIOUS TYPE OF OFFENSE WILL CONTINUE TO BE TERMED 'RAPE.' THIS TERM REFERS TO CASES WHERE THE OFFENDER HAS SHOWN EXTREME RUTHLESSNESS OR BRUTALITY. HERE THE SCALE OF PUNISHMENT IS A PRISON TERM OF AT LEAST 2 AND NOT MORE THAN 10 YEARS. THE ABOLITION OF PENALTIES FOR INDECENT EXPOSURE AND OTHER BEHAVIOR OFFENSIVE TO PUBLIC DECENCY IS PROPOSED; HOWEVER, IT IS CONSIDERED THAT SUCH BEHAVIOR MAY BE PUNISHABLE UNDER PROVISIONS FOR DISORDERLY CONDUCT OR MOLESTATION WHEN DEEMED APPLICABLE. IN THE LIGHT OF CONTEMPORARY PATTERNS OF SEXUAL RELATIONS, IT IS RECOMMENDED THAT THE MINIMUM PERMISSIBLE AGE FOR HAVING HETEROSEXUAL INTERCOURSE BE LOWERED FROM 15 TO 14 WITH ALLOWANCE FOR THE COURTS TO WAIVE SENTENCE AT THEIR DISCRETION. THE INCLUSION IN THE CODE OF SEPARATE REGULATIONS FOR HOMOSEXUAL BEHAVIOR IS ALSO BELIEVED TO BE UNTENABLE. BECAUSE OF THE DIFFICULTY OF JUSTIFYING THE PENAL BAN ON INCEST, THE ABOLISHMENT OF PROVISIONS DEALING WITH INCEST IS PROPOSED. THIS MEANS THAT SEXUAL RELATIONS WITH ONE'S OWN CHILD WILL BE PUNISHABLE ONLY IF THE CHILD HAS NOT REACHED THE AGE OF 18 AND IS IN THE ADULT'S CARE. THE 14-YEAR AGE LIMIT APPLIES TO SEXUAL RELATIONS BETWEEN CHILDREN. THE OPERATION OF BROTHELS AND OTHER FORM OF PROFESSIONAL FURTHERANCE OF PROSTITUTION IS STILL PROHIBITED. IT IS REPORTED THAT THE DRAFT LAW WILL BE SENT OUT TO MANY GOVERNMENT AGENCIES AND INTERESTED ORGANIZATIONS FOR OPINION AND COMMENT BEFORE PARLIAMENT AND THE CABINET TAKE A DEFINITE POSITION ON ENACTMENT. (RCB) |
| Index Term(s):
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Sex offenses ; Law reform ; Sweden |
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To cite this abstract, use the following link:
http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=46650
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