Sexual Crimes

Sexual Crimes in Europe

Sexual Crimes in Sweden

Sexual Crimes in the Swedish Penal Code

The Swedish Criminal Code was adopted in 1962 and entered into force on 1 January 1965. It contains provisions on sexual crimes and on most of the acts

that constitute crimes in Sweden. The provisions on other crimes

are to be found in special legislation.

Sexual Crimes in Sweden under

Section 1

Under Part Two, on Crimes, and Chapter 6, on Sexual Crimes, the Section 1 reads as follows: A person who by violence or threat which involves, or appears to the threatened person to involve an imminent danger, forces another person to have sexual intercourse or to engage in a comparable sexual act, that having regard to the nature of the violation and the circumstances in general, is comparable to enforced sexual intercourse, shall be sentenced for rape to imprisonment for at least two and at most six years. Causing helplessness or a similar state of incapacitation shall be regarded as equivalent to violence. If having regard to the nature of the violence or the threat and the circumstances in general, the crime is considered less serious, a sentence to imprisonment for at most four years shall be imposed. If the crime is gross, a sentence to imprisonment for at least four and at most ten years shall be imposed for gross rape. In assessing whether the crime is gross, special consideration shall be given to whether the violence involved a danger to life or whether the perpetrator caused serious injury or serious illness or, having regard to the method used or the victim's youth or other circumstances, exhibited particular ruthlessness or brutality. (Law 1998:393)

Sexual Crimes in Sweden under

Section 4

Under Part Two, on Crimes, and Chapter 6, on Sexual Crimes, the Section 4 reads as follows: A person who engages in a sexual act with someone under eighteen years of age and who is that person's offspring or for whose upbringing he or she is responsible, or for whose care or supervision he or she is responsible by decision of a public authority, shall be sentenced for sexual exploitation of a minor to imprisonment for at most four years. This also applies to a person who, in circumstances other those mentioned previously in this Chapter, engages in a sexual act with a child under fifteen years. If the person who committed the act exhibited particular lack of regard for the minor or if the crime by reason of the minor's young age or otherwise is regarded as gross, imprisonment for at least two and at most eight years shall be imposed for gross sexual exploitation of a minor. (Law 1998:393)

Sexual Crimes in Sweden under

Section 3

Under Part Two, on Crimes, and Chapter 6, on Sexual Crimes, the Section 3 reads as follows: A person who induces another person to engage in a sexual act by gross abuse of his or her dependent state shall be sentenced for sexual exploitation to imprisonment for at most two years. The same shall apply to a person who engages in a sexual act with another person by improperly taking advantage of the fact that the latter is helpless or in some other state of incapacitation or is suffering from a mental disturbance. If the accused has exhibited particular ruthlessness or if the crime is otherwise to be considered gross, imprisonment for at least six months and at most six years shall be imposed for gross sexual exploitation. (Law 1998:393)

Sexual Crimes in Sweden under

Section 8

Under Part Two, on Crimes, and Chapter 6, on Sexual Crimes, the Section 8 reads as follows: A person who promotes or improperly financially exploits the casual sexual relations for payment of another person shall be sentenced for procuring to imprisonment for at most four years. A person who, holding the right to the use of premises, grants the right to use them to another in the knowledge that the premises are wholly or to a substantial extent used for casual sexual relations for payment and omits to do what can reasonably be expected to terminate the granted right, he or she shall, if the activity continues or is resumed at the premises, be considered to have promoted the activity and shall be sentenced in accordance with the first, paragraph. (Law 1998:393)

Sexual Crimes in Sweden under

Section 10

Under Part Two, on Crimes, and Chapter 6, on Sexual Crimes, the Section 10 reads as follows: A person who, by promising or giving recompense, obtains or tries to obtain casual sexual relations with someone under eighteen years of age, shall be sentenced for seduction of youth to a fine or imprisonment for at most six months. (Law 1984:399)

Sexual Crimes in Sweden under

Section 2

Under Part Two, on Crimes, and Chapter 6, on Sexual Crimes, the Section 2 reads as follows: A person who, under circumstances other than those defined in Section 1, makes someone engage in a sexual act by unlawful coercion shall be sentenced for sexual coercion to imprisonment for at most two years. If the person who committed the act exhibited particular ruthlessness or if the crime is otherwise considered gross, a sentence of at least six months and at most four years shall be imposed for gross sexual coercion. (Law 1992:147)

Sexual Crimes in Sweden under

Section 12

Under Part Two, on Crimes, and Chapter 6, on Sexual Crimes, the Section 12 reads as follows: An attempt to commit rape, gross rape, sexual coercion, gross sexual coercion, sexual exploitation, gross sexual exploitation, sexual exploitation of a minor, gross sexual exploitation of a minor, procuring and gross procuring shall be dealt with in accordance with the provisions of Chapter 23. This also applies to preparation for and conspiracy to commit rape, gross rape, gross sexual exploitation of a minor and gross procuring, together with failure to reveal such crime. (Law 1998:393)

Sexual Crimes in Sweden under

Section 6

Under Part Two, on Crimes, and Chapter 6, on Sexual Crimes, the Section 6 reads as follows: If a person has sexual intercourse otherwise than as previously provided in this Chapter with his or her own child or its offspring imprisonment for at most two years shall be imposed for sexual intercourse with an offspring. A person who has sexual intercourse with a blood sibling shall be sentenced to imprisonment for at most one year for sexual intercourse with a sibling. The provisions of this Section do not apply to a person who has been made to commit the act by unlawful coercion or other improper means. (Law 1992:147)

Sexual Crimes in Sweden under

Section 9

Under Part Two, on Crimes, and Chapter 6, on Sexual Crimes, the Section 9 reads as follows: If the crime provided for in Section 8 is gross, imprisonment for at least two and at most six years shall be imposed for gross procuring. In assessing whether the crime is gross, special consideration shall be given to whether the accused promoted casual sexual relations for payment on a large scale or ruthlessly exploited another. (Law 1984:399)

Sexual Crimes in Sweden under

Section 13

Under Part Two, on Crimes, and Chapter 6, on Sexual Crimes, the Section 13 reads as follows: If, in a case of sexual exploitation of a minor under Section 4, first, paragraph, second sentence or an attempt to commit such a crime, or in a case of sexual molestation under Section 7, first, paragraph, there is little difference in age and development between the person who committed the act and the child, public prosecution shall not occur unless it is called for in the public interest. (Law 1994:1499)

Sexual Crimes in Sweden under

Section 5

Under Part Two, on Crimes, and Chapter 6, on Sexual Crimes, the Section 5 reads as follows: Repealed (Law 1994:1499)

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