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Swedish rapists ‘enjoy impunity’: Amnesty International

Sweden needs to do much more to clamp down on rapists, according to reports from Amnesty International and the United Nations. Jennifer Heape examines the disparity between the country's high incidence of rape and its low conviction rate.

Swedish rapists ‘enjoy impunity’: Amnesty International

Sweden’s image as an international forerunner in the fight for gender equality has been damaged by recent reports comparing rape statistics across various countries.

A recent study commissioned by the European Union (EU) found that Sweden has the highest incidence of reported rapes in Europe.

And an Amnesty International report on rape in the Nordic Countries took Sweden to task last autumn for what the human rights organization saw as an abysmally low conviction rate for rape cases.

Released in September 2008, the Amnesty report – Case Closed – examines issues surrounding rape and human rights in Sweden, Norway, Denmark and Finland.

Despite Sweden’s considerable emphasis on women’s rights, currently ranking an impressive 3rd place in the UN global gender-related development index, instances of reported violence against women are showing no signs of abating.

In fact, statistics published by the National Council of Crime Prevention (BRÅ) show that the number of sexual offences reported from January to August 2008 saw a 9 percent increase compared to the same period in 2007.

Amnesty’s most damning criticism of Sweden relates to the considerable disparity between the number of rapes reported and the conviction rate.

Case Closed highlights the damning evidence that, despite the number of rapes reported to the police quadrupling over the past 20 years, the percentage of reported rapes ending in conviction is markedly lower today than it was in 1965.

Sweden’s profile in terms of violence against women has also attracted concern from the United Nations.

As UN rapporteur Yakin Ertürk comments in a special report released in February 2007, there is a notable discrepancy “between the apparent progress in achieving gender equality and the reports of continued violence against women in the country.”

The statistics are certainly alarming. Results from the annual, government commissioned National Safety Survey (NTU), which is conducted by BRÅ, indicate that the actual number of rapes in Sweden in 2006 was estimated to be close to 30,000.

If this figure is correct, then it indicates that as few as 5-10 percent of all rapes are reported to the police.

Equally disturbing is the statistic from BRÅ stating that in 2007, less than 13 percent of the 3,535 rape crimes reported resulted in a decision to start legal proceedings.

Over the past ten years there has been a 58 percent increase in reported sex crimes and according to BRÅ, it is now statistically more likely for a person in Sweden to be sexually assaulted than robbed.

The phenomenon of alleged offences not formally being reported to the police or dropped before reaching court is termed ‘attrition’.

Amnesty slams the Swedish judicial system and the prevalence of attrition within it, concluding that, “in practice, many perpetrators enjoy impunity.”

In analyzing attrition and the failings of the police and judicial system, Case Closed draws attention to “discriminatory attitudes about female and male sexuality,” which may cause police investigators to “assume that women who report rape are lying or mistaken.”

This in turn brings up the notion of ‘real rape’ and the ‘ideal victim’. Researchers for Amnesty found that frequently:

“Young (drunk) women, in particular, have problems fulfilling the stereotypical role of the ‘ideal victim’, with the consequence that neither rapes within intimate relationships nor ‘date rapes’ involving teenage girls result in legal action.”

Helena Sutourius, an expert in legal proceedings in sexual offence cases concludes that, in Sweden, “the focus appears to be on the woman’s behaviour, rather than on the act that is the object of the investigation.”

In addition to challenging victim and crime stereotypes, perceptions surrounding ‘typical’ perpetrators must also be considered. The UN Special Report discusses how there is a widespread belief that the type of men who commit intimate-partner violence are not typical, ‘normal’ Swedes.

They are usually imagined as somewhat ‘deviant’ – unemployed, uneducated, alcoholic or from non-Western backgrounds, and so on. However, as Ertürk challenges: “In absolute numbers, the vast majority of the perpetrators of intimate-partner violence are ‘ordinary’ Swedish men.”

In a country where women’s rights feature high on the public agenda, there is a pervasive “fear of public shame – being regarded as a tragic failure in a country of supposed gender equality” especially among well-educated and successful Swedish women, which creates yet another obstacle for the victims of violence and rape, the UN report concludes.

Lina Plong from the National Centre for Knowledge on Men’s Violence against Women (NCK), based at Uppsala University, tells The Local:

“There is a real concern as to why the instances of rape and violence are not decreasing, despite the law becoming more strict and there being more public information available than ever. We need to concentrate on educating those professionals working in the area.”

Amnesty has also condemned the limited amount of scrutiny of and research into the quality of rape crime investigations in Sweden as, “a serious shortcoming that needs to be addressed immediately.”

The Case Closed report states that, “while an impressive level of gender equality has been achieved in the so-called public spheres [in Sweden]…this achievement seems to have halted at the doorsteps of private homes.”

In its conclusion, Amnesty blames “deeply rooted patriarchal gender norms” of Swedish family life and sexual relationships as a “major societal flaw” and a reason for the continued prevalence of violence against women in Sweden.

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RAPE

‘Negligent rape’: Has Sweden’s sexual consent law led to change?

One year ago, Sweden introduced a law change that meant sex without explicit consent was considered as rape, including when the victim did not actively say 'no'. The Local spoke to experts to find out the impact this has had on court cases and within Swedish society.

'Negligent rape': Has Sweden's sexual consent law led to change?
Experts told The Local Sweden's sexual consent law has had an impact on court cases and in the way people discuss sex and consent in the media and in general.File photo of a Swedish courtroom: Jessica

The law change meant that participants needed to clearly demonstrate that they wanted to engage in sexual activity in order for it to be considered consensual.

Two new offences of “negligent rape” and “negligent sexual abuse” were created for acts where courts found that consent had not been established, but in which the perpetrator had not intended to commit rape or assault. Previously, a decisive factor for a rape conviction was proof that a perpetrator used force, threats, or taken advantage of someone in a vulnerable situation.

The law faced backlash at the time, and had to be clarified after Sweden's Council on Legislation said it was too unclear. Others criticized it as signalpolitik, meaning a policy implemented only for appearances and unlikely to make a real difference. 

Twelve months on, rights organizations say the law has had a measurable impact on court cases and helped change the national discussion on sexual autonomy – but warned there was still work to be done.

'Sweden needs to do more to convict rapists': Amnesty report
File photo of a police officer: Hanna Franzén/TT

'Negligent rape' sentences

“Earlier this year, we looked at 30 court judgments, and these included cases which definitely would not have been considered to be rape before the change in the law; where no violence or other means of force was used,” Katarina Bergehed, an Amnesty International expert in women's rights, told The Local.

Over the past year, the new law has been decisive in at least seven rape cases which went to court, according to an investigation by Swedish radio programme I lagens namn (In the name of the law).

The programme said that of 60 rape cases, the new law was crucial in seven, including six convictions of negligent rape.

A study from the Siren news agency reached the same conclusion, finding that in 84 cases where prosecutors mentioned “negligent rape”, 45 resulted in a rape conviction while six were sentenced for negligent rape. 

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'Sleeping in the same bed and wearing only underwear does not mean consent'

One of these sentences was confirmed by Sweden's Supreme Court on Sunday, marking the first time the country's highest criminal court made a judgment relating to negligent rape.

The 27-year-old male plaintiff was found guilty of the negligent rape of a woman while staying overnight at her home.

The woman said had agreed he could stay overnight, but made it clear she did not want to have sex. Despite that, the man initiated sexual intercourse. 

Both the perpetrator and the plaintiff said that she was passive throughout the intercourse, and that they did not speak. The plaintiff said she “froze and did not know how to act”, while the perpetrator said he was not sure whether she was awake when he first initiated sexual contact, “but [he] had the impression that she wanted to have sex” and continued because she did not tell him not to. He also said that he stopped the intercourse when he thought she didn't want to continue.

In a statement accompanying its decision, the Supreme Court wrote: “A person who is subjected to sexual acts against their will does not have any responsibility to say no or express their reluctance in any other way. Furthermore, the court notes that the fact that the plaintiff and the perpetrator agreed to sleep in the same bed and that they were dressed in only underwear does not mean that the plaintiff voluntarily participated in the sexual acts.”

The man now faces two years and three months in jail, although this includes sentences for other crimes he was found guilty of. The penalty for the count of negligent rape was eight months’ jail, according to the Supreme Court.

Without the 2018 law, it is likely that the man would have been acquitted, since intent was previously required for a conviction of rape or sexual assault, and the Supreme Court found no evidence of intent.

Sweden's Supreme Court in Stockholm. Photo: Magnus Andersson / TT

'Greater awareness about consent'

The fact that Sweden's law now sets a clear boundary between consensual sex and rape or assault has also helped open up to discussions about sex and consent, the Swedish Association for Sexuality Education (RFSU) told The Local.

“There is increased awareness and a greater openness towards talking about [sexual consent] today,” said RFSU's Maria Bergström, when asked what changes she had observed since the consent law was passed.

“For example, we can see that this has made it easier for people who have previously experienced this to put words on what happened to them, and to then perhaps go further with reporting it or seeking support. The law has finally made it clear that one always has a responsibility to ensure that there is consent.”

“There is a much greater awareness and more conversations today on these questions among young men but also in the adult population — we also see that the question is raised by the media in a different way than before,” she said.

Bergström also mentioned the impact of the #MeToo movement in putting the question of consent and boundaries on the political agenda, as women from a wide range of industries came forward with their experiences of assault and harassment, all calling for tangible change.

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Sweden in Focus: One year on, what did #MeToo achieve in Sweden?
A march for women's rights organized by #MeToo campaigners in Gothenburg. Photo: Thomas Johansson/TT

'Near impunity for rape'

While the 2018 law is one example of that change, Sweden is a long way from ensuring that all rapists face justice. 

According to the National Council on Crime Prevention (Brå), around 112,000 people were subjected to rape or sexual assault in Sweden in 2018, while only 5,593 such crimes were reported to police. And of those rapes reported to police, only around seven percent went to trial.

“We have near impunity when it comes to rape in this corner of the world that's normally regarded as one of the most gender equal countries, and we simply can’t have that,” said Amnesty International's Katarina Bergehed.

An Amnesty report earlier this year found that questioning was often delayed, and that DNA analyses could take as long as nine months to deliver.

“It’s crucial to deal with rape cases promptly. You need to secure evidence very rapidly otherwise it can disappear, and some evidence risks being deleted on mobile phones. Police are understaffed and resources are often drawn towards other crimes such as gang violence and killings,” said Bergehed. But she added: “The signals we’re getting is that the police are both willing and finally able to resource themselves to deal with rape in an efficient way.”

The Swedish police force announced last month that by next year, 350 investigators would be recruited to deal specifically with cases of rape, sexual violence against children and domestic violence.

Bergehed also pointed to the importance of changing attitudes towards sex and consent across all levels of society.

“Changing a law alone is not sufficient; you need police training, awareness in schools; the whole society needs to change,” she said. “There should of course be justice for rape victims once it happens, but the longer goal is to eradicate rape and sexual violence.”
 

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