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CRIME

How Sweden could bring in tougher sentences for sex offenders

A new government inquiry suggests locking convicted rapists up for at least three years, one year more than Sweden's current two-year minimum.

Published: 2 June 2021 16:19 CEST
How Sweden could bring in tougher sentences for sex offenders
An inquiry has found it necessary to strengthen the punishments for sexual violations. Photo: Johan Nilsson/TT

The proposal comes after Sweden’s Social Democrat-Green government in January 2020 appointed a commission to look into stricter laws and sentencing of sexual crimes. Led by court of appeal judge Göran Nilsson, the commission included experts from Lund University, the police and the National Board of Health and Welfare, and it presented its findings and final conclusions earlier this week.

It suggests a series of changes, including that sexual crimes that take place remotely, for example on the internet, should be expanded to include a broader definition of the crime. This would mean, for example, that convincing an underage person to commit sexual acts, film them and send to the perpetrator could be classified not only as sexual exploitation, as today, but as sexual assault or even rape.

Other changes include increasing the minimum rape (våldtäkt) sentence from two years’ imprisonment to three years, and increasing the minimum penalty for rape of a comparably less aggravated nature (våldtäkt som är mindre grov) to at least six months in jail.

The commission further suggests increasing the minimum sentence for sexual assault (sexuellt övergrepp) to six months’ imprisonment, and increasing the minimum sentence for rape of a child (våldtäkt mot barn) from two years in jail to three years in jail.

It also suggests increasing the sentence for buying sex from a fine to imprisonment, for up to a year.

Swedish Justice Minister Morgan Johansson said the government would next put forward a bill to parliament based on the commssion’s report. There is no clear timeframe for when this will happen, but if parliament gives the green light, the changes could come into force on January 1st, 2023.

It is not the first time Sweden aims to step up its rape laws. In 2020, Sweden saw a two-year rise of 75 percent in convictions, a result which rights campaigners hailed as a success for a law change in 2018 that changed the definition of rape to make all non-consensual sex illegal. 

Previously a factor such as threat, force, or the victim having been taken advantage of in a vulnerable situation (such as under the influence of drugs or alcohol) was necessary for a rape classification. Under the new law, both participants need to have actively signalled consent either verbally or otherwise. With this law, Sweden became the tenth country in western Europe to class non-consensual sex as rape.

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WORK PERMITS

Sweden’s Migration Agency rejects role in work permit salary threshold exemption plan

Sweden's Migration Agency has rejected a call for it to be responsible for drawing up a list of in-demand skills and professions exempted from the coming median-salary requirement for a work permit.

Published: 25 June 2024 12:02 CEST
Sweden's Migration Agency rejects role in work permit salary threshold exemption plan

In the conclusions to a government inquiry into setting the median salary threshold, judge Ann-Jeanette Eriksson proposed that the Migration Agency be made responsible for drawing up annual national and regional lists of professions which should be exempted from the threshold.

The list of proposed exemptions could then, she recommended, either be passed to the government for a final decision, or else apply immediately. 

In its response to consultation, the Migration Agency said that it did not believe that it was the right agency to draw up the list. 

“The Migration Agency considers that the task of preparing these proposals should be given to the Swedish Public Employment Service which is the expert agency on labour market issues,” the agency said. 

“As the expert agency, the Swedish Public Employment Service has much broader competence when it comes to judging the demand for labour.”

The employment service could then consult the Migration Agency and other relevant agencies before passing the list to the government, it recommended. 

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The Swedish Public Employment Service did not echo the Migration Agency’s call in its own response. 

It did, however, recommend an alternative system proposed by Eriksson, under which the Migration Agency, rather than the government, would have the final say on which jobs should be exempted. 

“The alternative proposal would mean a simpler process and shorter handling time”, the service said. 

The Migration Agency, however, said it did not support this alternative proposal, without giving any reasons for this.

It did call for a consideration over “whether it might be necessary to consult with other authorities before the proposals are made to the government”.

The agency also called for more specific language on what “considerations around migration law” it should apply when deciding on which professions to exempt. 

In some of its comments on the detail or proposals, the Migration Agency highlighted that the law should specify that work permit applicants need to be offered a salary that meets or exceeds Sweden’s median salary “at the time of application”, and also called for more specifics on how to define a “monthly salary”.

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Eriksson also recommended that Migration Agency be tasked with deciding which industries should be entirely excluded from the work permit system because they have historically had problems with the exploitation of labour migrants and abuse of the work permit system.  

“The possibility of excluding certain groups of jobs is an important tool in the work against exploitation in the workplace,” the agency said of this proposal.

But it said that to carry out this task properly, it would need more information on what criteria should be applied when making such exclusions as well as increased powers to cooperate and share information with other agencies involved in combatting exploitation and abuse in the workplace. 

“For this work to be even more effective, more tools are needed that enable more thorough controls. This is both about developing regulations that provide the Migration Agency with wider powers to carry out checks that facilitate cooperation and information exchange between relevant authorities and organisations,” it said. 

When it comes to the impact of the proposals on its own internal workings, the agency said it agreed broadly with the Eriksson’s judgement that they would not increase the workload at the agency.

The extra work required to carry out its new tasks would, it said, be largely offset by the lower work load following from the proposed abolition of the spårbyte, or “track change” system which allows rejected asylum seekers to stay in the country and apply for work permits. 

It did warn, however, that the changes could lead to even longer processing times for work permit applications. 

“The Migration Agency would like to highlight that the proposed changes to the law, and in particular the salary threshold and the regional and national exemptions from this threshold might affect handling times for work permit cases,” it wrote. 

“The regulatory framework around labour migration is already complex today and involves several decision points. Judging whether an application concerns a job for which there is a national or regional shortage will require a new decision point which will require education and preparation.” 

To reduce the extra demand on resources, the agency called on the government to make the regulation “as precise as possible”, leaving as little room as possible for different interpretations, which would then allow the agency to speed up processing and even digitalise some decisions. 

If the plans to raise the work permit salary threshold from 80 percent of the median salary to 100 percent go through, the idea is that they would come into effect in June next year (although work permit holders renewing their permits would get a one-year grace period).

But the proposal has received a slew of criticism from Swedish business organisations, which argue that it would make it harder to fill essential roles and attract international talent.

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