The Consent Law and Legal Certainty – A Balancing Act

The Consent Law and Legal Certainty – A Balancing Act

The question of how the justice system handles sexual offenses is always relevant and sparks strong emotions. Since the consent law was introduced in Sweden in 2018, debates around legal certainty and victim protection have intensified. Some argue that the law has made it easier to convict offenders, while others claim it has created legal uncertainty and led to wrongful convictions.

The Consent Law – A Shift in Legal Practice

Sweden’s consent law states that sex must be voluntary; otherwise, it is illegal. Previously, violence, threats, or a particularly vulnerable situation had to be present for an act to be classified as rape. Now, lack of consent alone is sufficient, leading to more convictions.

The Swedish National Council for Crime Prevention (Brå) reports that both the number of reports and convictions for rape has increased since the law was enacted. However, legal certainty remains a controversial issue, with critics arguing that the burden of proof has effectively shifted – that the accused must prove consent existed, rather than the prosecution proving that a crime was committed.

Legal Certainty vs. Victims’ Rights

The debate on wrongful convictions often revolves around cases where it’s one person’s word against another’s. Since many sexual crimes occur without witnesses or physical evidence, credibility assessments become central in court decisions. Critics argue this can lead to wrongful convictions, while others see it as a necessary method to encourage more victims to report crimes.

There is also discussion about courts displaying manpati – an excessive empathy for accused men, potentially leading to acquittals rather than convictions. At the same time, the process for overturning sexual offense convictions is incredibly strict, and only a few convicted individuals are granted a retrial.

The Public Debate – Emotions vs. Facts

One fascinating aspect of the discussion is how emotions influence the debate on legal certainty. Whenever someone claims they have been wrongfully convicted, there are often groups of people supporting them based on emotional arguments rather than evidence. This applies to both family members and the general public.

However, the justice system must be based on facts and evidence, not subjective emotions. Sweden has a strong legal tradition where guilt must be proven beyond reasonable doubt, but the question remains: Does the justice system need reforms to better handle sexual crimes?

How Can the Justice System Be Improved?

This is a complex debate, and it’s clear that both legal certainty and victims’ protection must be considered. Some key questions to explore further include:

Should legislation be tightened to better protect victims, or would that risk legal certainty?

How can courts improve evidence evaluation in sexual crime cases?

Are there ways to reduce subjective assessments and increase legal certainty without weakening victims' rights?

The justice system faces a tough balancing act—how can we create a more legally secure and fair approach to handling sexual offenses?