Sweden Sexual Consent Act: it is a rape without explicit agreement

The new law on badual consent came into force in Sweden: it will be violated in all cases of non-explicit agreement.

Approved last May, the new standard came into force in Sweden: will be considered guilty of rape anyone who performs a badual act with another person without it having participated "freely" . singular in the legal landscape, and could present an influential precedent for European and non-European jurisprudence

If it was previously necessary to show that the victim had been forced to report to force to the threat or exploited due to a vulnerable psychophysical status, now it will suffice to indicate the lack of consent, which must be expressed verbally or physically. Moreover the pbadivity of the victim will no longer be considered as a sign of voluntary participation in badual intercourse .

"There is absolutely no obligation to formally say yes, click a button in an application or something of that nature." Simply, physically participating (in the badual act) is a sign of consent "said Anna Hannell, a judge who participated in the drafting of the law."

Courts will have to be particularly attentive to the fact that "consent expresses in words , gestures or other ", elements on which all judges must decide.

This law is however a signal against the violence increasingly present against women.In this cultural context, the legislator provides the possibility to continue any kind of badual act against minors or against the will (without consent) of the victims, keeping the category of "badual acts" ranging from captious caress to rape. In the center of everything, there is to the question of the council ntement, explicit in Sweden, and badysis of an Italian criminologist in a recent survey