Legislating in the ‘Grey Areas’ of Sexual Violence: Rape Law and Gender Equality in Sweden

• In Event: 2351 - Section on the Sociology of Sex and Gender Refereed Roundtables
  In Refereed Roundtable 100min: 10. Sexual Violence

Abstract

Sweden has one of the most “feminist” governments in the world, with gender equality explicitly on the political agenda since the 1970s. However, sexual violence remains a problem in the country, with low reporting rates of the crime and even lower rates of convictions within the criminal justice system. This paper looks at how rape has been legislated against by the Swedish Parliament, and particularly how social movements have lobbied the government for laws that better reflect the reality of women’s experiences with sexual coercion and violence that often occur in the “grey areas” of sexuality (Gavey 2005). Although many have argued that the criminal justice system can never be a site wherein women will achieve gender equality, rape law and its implementation can be an important signal of the priorities of a government. The new consent law in Sweden, which came into effect in July 2018, attempts to encompass a broader array of violent and coercive sexual experiences and has been seen as a feminist victory. Many feminists celebrate the new consent law as one that will lead to important changes to gendered norms around sexuality, not only within the legal system but within society at large. The law is not a sufficient condition for societal change but it does provide an important starting point and can work in tandem with education and awareness-raising campaigns to provide support and justice to victim-survivors, and ultimately to prevent rape and upend gendered norms around sexuality.

Author

• Caitlin P. Carroll, University of Texas at Austin