Read on Twitter
Been lots of interest in this striking headline on increasing #RapeConvictions in Sweden and thanks to great colleagues @lunduniversity I've got some more details from the English summary report. A few comments in #thread below:
https://bra.se/download/18.7d27ebd916ea64de53065cff/1600778879481/2020_6_The_new_consent_law_in_practice.pdf. https://twitter.com/McGlynnClare/status/1319556891819855874
https://bra.se/download/18.7d27ebd916ea64de53065cff/1600778879481/2020_6_The_new_consent_law_in_practice.pdf. https://twitter.com/McGlynnClare/status/1319556891819855874
In 2018, post #MeToo 
Sweden changed its law so that rape is now based on an absence of consent, rather than on proof of violence, threats or a particularly vulnerable situation #ConsentMatters https://www.amnesty.org/en/latest/news/2018/05/sweden-new-rape-law-is-historic-victory-for-metoo-campaigners/
Sweden changed its law so that rape is now based on an absence of consent, rather than on proof of violence, threats or a particularly vulnerable situation #ConsentMatters https://www.amnesty.org/en/latest/news/2018/05/sweden-new-rape-law-is-historic-victory-for-metoo-campaigners/
Reports of rape increased after #MeToo and have continued since the new law was introduced. But, there has also been a 'marked increase' in prosecutions and convictions: an increase from 190 in 2017, to 333 in 2019 which they report as an 'increase of 75%' https://www.globalcitizen.org/en/content/rape-convictions-in-sweden-rise-after-law-change/
and have continued since the new law was introduced. But, there has also been a 'marked increase' in prosecutions and convictions: an increase from 190 in 2017, to 333 in 2019 which they report as an 'increase of 75%' https://www.globalcitizen.org/en/content/rape-convictions-in-sweden-rise-after-law-change/
There are now new types of cases securing convictions: those more often involving acquaintances following dates or other socialising and drinking, and where the victim was passive through fear/shock - on which see great @rapecrisisscot campaign #IJustFroze
https://www.rapecrisisscotland.org.uk/i-just-froze/
https://www.rapecrisisscotland.org.uk/i-just-froze/
How are these convictions being secured? The review found that the evidence in the new cases was roughly as strong as in previous cases, though there were more cases where the only additional evidence was the victim confiding in another
In other new cases, the evidence involved recordings, some form of apology, calls to emergency services or a confession.
This suggests that what has changed is more active investigations and prosecutions, rather than the nature of the cases or evidence themselves.
This suggests that what has changed is more active investigations and prosecutions, rather than the nature of the cases or evidence themselves.
What will happen in future? The report suggests mixed picture, as while much support for new law from prosecutors and victim orgs, police officers are 'considerably more critical' of the new law. In particular, the report found they identify with & 'feel sympathy' for the suspect
Victim organisations support the law because it 'sends an important normative signal' and victims are now less likely to blame themselves for what happened #ReducingVictimBlaming #ExpressivePowerOfLaw
The new law also introduced offence of negligent rape which continues to raise some concerns over interpretation but which represent only a small number of these new convictions.
What might this all mean?
Changes in rape laws can lead to more reports, prosecutions and convictions, though it seems likely that highly effective Swedish #MeToo movement also changed culture and attitudes, making this law likely to be more effective.
Changes in rape laws can lead to more reports, prosecutions and convictions, though it seems likely that highly effective Swedish #MeToo
movement also changed culture and attitudes, making this law likely to be more effective.
Many other European countries are also considering reforming their rape laws to make them consent based, so the Swedish example could prove very instructive and impactful: https://www.thelocal.no/20200903/why-does-norway-not-have-a-rape-law-requiring-sexual-consent
English law is already consent based, so lessons to be learnt here are about active investigations and prosecutions - and there is much to be done here: https://www.theguardian.com/law/2020/oct/22/prosecutions-for-crimes-against-female-victims-in-uk-dropped-amid-referral-rise-lockdown-covid
Thanks to Linnea Wegerstad of @lunduniversity for the links and hope this detail helps further discussions on possible reforms @SandyBrindley1 and the role of the criminal law @VeraGrayF
