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A controversial "consent law", which regards rape as a badual act without clear consent, even in the absence of threat or violence, came into effect on Sunday (1) in Sweden.
The text, based on the premise "yes sim es sim", states that a person is guilty of rape whenever his badual partner has not expressed his agreement with the act practiced . Before, a badual act was considered rape only if it was accompanied by violence or if it materialized under threat.
Thus, in case of rape, it will be up to the courts to badess whether the persons involved in the badual act have expressed their agreement by words, gestures or otherwise. "If it is not voluntary, it is illegal, if you have any questions, then give up," Prime Minister Stefan Lovren said during the presentation of the bill.
Introduced by the social democratic and green government, the law, pbaded in late May amidst the debate generated by the #MeToo movement, was the subject of enormous controversy. Critics wonder how courts will evaluate consent.
The controversy was so great that a lawyer, Baharak Vaziri, launched an application with which to obtain the partner's consent when he clicks a button. Although she was the target of criticism and mockery, she insisted that the initiative was serious.
Judge Anna Hannell, who participated in the drafting of the new law, said that it is not necessary to "formally say yes, click an app button or something of that type" : "Simple physical participation is already a sign of consent."
The purpose of the new law is to change behavior in a country known for the high degree of equality between men and women. In 2017, more than 7,000 rape complaints were filed in Sweden, an increase of 10% over the previous year.
The crime is punishable by six years 'imprisonment and, if the victim is a minor, ten years' imprisonment.
Deutsche Welle is the international broadcaster of Germany and produces independent journalism in 30 languages
