These articles are extracted from the Swedish Penal Code, Chapter six (6), ‘On Sex Offences’, which deals with sex crimes perpetrated against both children and adults.
| I. Ages for legal purposes |
Age of majority
In Sweden the age of majority is eighteen (18) years.
Age of consent for sexual activity
In Sweden the age of consent for sexual activity is fifteen (15) years.
Age of consent for marriage
The age of consent for marriage is the majority : eighteen (18) years.
| II.Rape |
A person committing rape (sexual intercourse or other comparable sexual act forced by violence or serious threat) can be sentenced to imprisonment for at least two and at most six years. If the rape is considered as aggravated rape the offender can be sentenced to imprisonment for at least four and at most ten years. Rape perpetrated against a child is normally considered as aggravated rape.
Section 1 of the Swedish Penal Code
'A person who, by violence or threat involving or appearing to the threatened person as imminent danger, forces the latter to have sexual intercourse or to engage in a comparable sexual act, shall be sentenced for rape to imprisonment for at least two and at most six years. Rendering the person unconscious or otherwise placing the person in a similarly helpless state shall be regarded as equivalent to violence.
If in view of the nature of the violence or the threat and the circumstances in other respects the offence is considered less serious, a sentence to imprisonment for at most four years shall be imposed.
If the offence is grave, a sentence to imprisonment for at least four and at most ten years shall be imposed for aggravated rape. In judging whether the offence is grave, special consideration shall be given to whether the violence involved a danger to life or whether the person who had committed the act had inflicted serious injury or serious illness or, having regard to the method used or the victim’s youth or otherwise, exhibited particular ruthlessness or brutality.'
| III.Other forms of child sex abuse |
A person committing sexual coercion (sexual act forced by unlawful coercion that is not considered as rape) can be sentenced to imprisonment for at most two years. If the crime is considered as aggravated sexual coercion the offender can be sentenced to imprisonment for at least six months and at most four years.
Section 2 of the Swedish Penal Code
'A person who, under circumstances other than those mentioned in Section 1, by unlawful coercion makes someone engage in a sexual act 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 offence is otherwise considered grave, a sentence of at least six months and at most four years shall be imposed for grave sexual coercion.'
A person committing sexual exploitation (sexual act induced by gross abuse of the victim’s dependency or by improperly taking advantage of the fact that the victim is unconscious or in other helpless state or is suffering from a mental disturbance), can be sentenced to imprisonment for at most two years. If the crime is considered as aggravated sexual exploitation with a minor the offender can be sentenced to imprisonment for at least six months and at most six years.
Section 3 of the Swedish Penal Code
'A person who induces another to engage in a sexual act by gross abuse of his or her dependency shall be sentenced for sexual exploitation to imprisonment for at most two years. This also applies to a person who engages in a sexual act with another by improperly taking advantage of the fact that the latter is unconscious or in another helpless state or is suffering from a mental disturbance.
If the person who has committed the act has exhibited particular ruthlessness or if the offence is otherwise considered to be grave, a sentence to imprisonment for at least six months and at most six years shall be imposed for grave sexual exploitation.'
A person committing sexual exploitation of a minor (sexual act with someone under eighteen (18) years who is the offender’s offspring or stands under his responsibility or, otherwise than as previously stated, a sexual act with someone under fifteen (15) years, can be sentenced to imprisonment for at most four years. If the crime is considered as aggravated sexual exploitation with a minor, the offender can be sentenced to imprisonment for at least two and at most eight years.
Section 4 of the Swedish Penal Code
'A person who engages in a sexual act with someone under eighteen (18) years of age and who is that person’s offspring or for whose upbringing he is responsible, or whose care or supervision he is responsible for by decision of a public authority, shall be sentenced for sexual exploitation of a minor or imprisonment for at most four years. This also applies if a person, in circumstances other than those mentioned previously in this Chapter, engages in a sexual act with a child under fifteen (15) years.
If the person who committed the act exhibited particular lack of regard for the minor if the offence by reason of the minor’s young age or otherwise is regarded as grave, a sentence of imprisonment for at least two and at most eight years shall be imposed for grave sexual exploitation of a minor.'
A person, otherwise than as previously stated, committing sexual intercourse with an offspring, can be sentenced to imprisonment for at most two years. A person committing sexual intercourse with a sibling, can be sentenced to imprisonment for at most one year.
Section 6 of the Swedish Penal Code
'If a person, otherwise than as previously stated in this chapter, has sexual intercourse with his or her own child or its offspring a sentence of imprisonment for at most two years shall be imposed for sexual intercourse with an offspring.
A person who has sexual intercourse with his or her sibling of the whole blood 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.'
A person committing sexual molestation (to sexually touch a child under fifteen (15) years or induce the child to undertake or take part in an act with sexual implications, inter alia to participate in producing pornographic material, or with improper influence induce a person fifteen (15) to seventeen (17) years old to take part in pornographic posing or in producing pornographic material) can be sentenced to pay a fine or imprisonment for at most two years.
Section 7 of the Swedish Penal Code
'A person who, otherwise than as previously stated in this Chapter, sexually touches a child under fifteen years of age or induces the child to undertake or participate in an act with sexual implication shall be sentenced to a fine or imprisonment for at most two years for sexual molestation.
A sentence for sexual molestation shall also be imposed on a person who by coercion, seduction or other improper influence induces a person who has attained the age of fifteen (15) years but not the age of eighteen (18) years to undertake or participate in an act with sexual implication if the act is part of the production of pornographic pictures or constitutes pornographic or constitutes pornographic posing in circumstances other than those relating to the production o a picture.
This shall also apply if a person exposes himself to another in a manner apt to give offence or otherwise behaves indecently toward the latter by word or deed that flagrantly violates a sense of decency.'
A person committing seduction of youth (by promising or giving compensation to obtain or try to obtain casual intercourse with someone under eighteen (18) years) can be sentenced to pay a fine or imprisonment for at most six months.
Section 10 of the Swedish Penal Code
'A person who, by promising or giving compensation, obtains or tries to obtain casual sexual relations with someone under eighteen (18) years of age, shall be sentenced for seduction of youth to pay a fine or to imprisonment for at most six months.'
Section 11 of the Swedish Penal Code
'Liability prescribed by this chapter for an act committed against someone under a given age shall be imposed even on an person who did not realise but had reasonable grounds for assuming that the other had not attained such age.'
Section 12 of the Swedish Penal Code
'Liability shall be imposed as provided in Chapter 23 for attempt to commit rape, aggravated rape, sexual coercion, aggravated sexual coercion, sexual exploitation, aggravated sexual exploitation, sexual exploitation of a minor, aggravated sexual exploitation of a minor, procuring and aggravated procuring. This also applies to preparation for and conspiracy to commit rape, aggravated rape, aggravated sexual exploitation of a minor and aggravated procuring.'
Section 13 of the Swedish Penal Code
'When, in the case of sexual exploitation of a minor as under Section 4, first paragraph, second sentence or attempt to commit such an offence, or in the case of sexual molestation as under Section 7, first paragraph, there is little difference in age and development between the offender and the child, public prosecution shall not occur unless it is called for in the public interest.'
| IV. Child prostitution |
‘Procuring’, Section 8 of the Swedish Penal Code
'A person who promotes or in an improper way exploits the fact that someone has casual sexual relations for payment shall be sentenced for procuring to imprisonment for at most four years.
If a person grants the right to enjoy premises to another and knows 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 occupation, and if the activity continues or is resumed at the premises, he shall be considered to have promoted the activity and shall be sentenced in accordance with the first paragraph.'
‘Aggravated procuring’, Section 9 of the Swedish Penal Code
'If the offence mentioned in Section 8 is grave, imprisonment for at least two an d at most six years shall be imposed for aggravated procuring.
In judging whether the offence is grave, special consideration shall be given to whether the offender has promoted casual sexual relations for payment on a large scale or has ruthlessly exploited another.'
| V. Child pornography |
A person producing or distributing child pornography can be sentenced to pay a fine or imprisonment for at most two years according to the Penal Code, Chapter 16, Section 10 a (child pornography offence).
Section 10 a of the Swedish Penal Code
'The person who
- depicts children in a pornographic picture,
- distributes, transfers, shows, puts such a picture of a child at another person’s disposal or in another way makes such a picture available for another person,
- acquires or offers such a picture of a child for sale,
- procures contacts between buyers and sellers of such picture of children or takes another similar measure with the view to promoting trafficking in such pictures, or
- has such a picture of children in his possession
is convicted of child pornography crime and sentenced to imprisonment for not more than two years or, if it is a petty crime, is fined or sentenced to imprisonment for no more than six months.
Child refers to a person whose puberty development is not completed or who, when it appears from the picture or the circumstance in it, is under the age of 18.
The person who professionally or in another way for the purpose of making money through negligence distributes such a picturethat is refered to in the first paragraph, is convicted as it is said there.
If a person has committed a crime, referred to in the first paragraph, that is considered to be serious, he shall be convicted of serious child pornography crime and sentenced to imprisonment for a minimum of six months and not more than four years. When judging whether a crime is serious it is to be especially taken into consideration if it has been committed professionally or for the purpose of making profits, has formed part of criminal activities that have been carried on methodically or to a great extent, has concerned an especially large number of pictures or has concerned pictures where children are subjected to especially ruthless treatment.
The prohibitions of depiction and possession do not concern the person who draws, paints or in another similar craftsmanlike way makes such picture referred to in the first paragraph, if the picture is not meant to be distributed, transferred, shown or in another way put at other persons disposal. Also in another cases an act shall not constitute a crime if special circumstances make the act obviously justified.'
Section 17 of the Sewdish Penal Code
'A person is convicted of responsibility, according to what is said in chapter 23, for preparationfor or conspiracy to or failure to reveal mutiny. The same applies to attempt to or preparation for grave gambling, attempt to such child pornography crime that is referred to in the first paragraph of article 10a, if it is not a petty crime, and attempt to or preparation for serious child pornography crime.'
Source: Interpol
No comments:
Post a Comment