New law in Sweden recognises sex without consent as rape
Rape had previously been defined as a sexual act carried out with the use of violence or threat
A tough new law that will recognise sex without explicit consent as rape comes into effect in Sweden on Sunday, after the country was rocked by the #MeToo movement denouncing sexual harassment and assault.
The law stipulates that a person has committed rape if they have been part of a sexual act in which the other person has not took part “freely”.
Rape had previously been defined as a sexual act carried out with the use of violence or threat.
Now for someone to face rape charges, “it is no longer necessary that violence or threats were applied, or that the aggressor took advantage of the victim’s particularly vulnerable situation,” according to the government.
The law says that courts will need to pay particular attention to whether consent was expressed with words, gestures or in another manner, and judges will have to rule on the issue.
Judge Anna Hannell, who helped create the law, said there was “absolutely no requirement to formally say ‘yes’, to hit a button in an app or anything else of the same type”.
