Nonconsensual sex in Sweden is considered rape

The new legislation, which is expected to go into effect on July 1st, says one must give the clear, verbal or physical consensus. Prosecutors will no longer have to prove violence, or if the victim of abuse is in a vulnerable situation, in order to investigate or file charges of rape.

Activists have hailed the change, but critics say the law will not, however, increase the number of rape sentences.

With the new law, passed in Parliament by 257 votes for and 38 against, Sweden joins other European countries such as Great Britain and Germany, where nonconsensual sex is considered rape.

Under the law, the lack of consensus is enough to constitute a crime. At the moment of this legislation's proposal, the government said it should be based precisely on the fact that “sex should be voluntary”.

The text of the adopted law pauses briefly that expressing favor is not a condition for sexual relations, but emphasizes that inactivity does not imply approval of sex.

“If a person wants to have sex with someone who remains inactive, or gives vague signals, he or she should find out if the other person really wants to advance further”.

Based on the old law, prosecutors had to prove that the aggressor had practiced violence or that the victim had been exploited in a vulnerable condition, such as under the influence of alcohol, so that they could accuse someone of rape.

The law also presents two new violations: negligent rape and negligent sexual abuse, which is sentenced to the maximum of 4 years in prison. “The negligent aspect focuses on the fact that one party does not voluntarily participate”, the government said, adding that this law will result in the condemnation of more people for sexual abuse.