Spelar det egentligen någon roll? - En analys av den nya lagstiftningen gällande våldtäkt i relation till BDSM

Sexual consent has been discussed for many years. On July 1, 2018, the so-called ”consent law” was introduced into Swedish law. The essay deals with this legislation and how it can make a difference in sexual offense cases where intentions have not been proven. The focus is on relationships where dominance and submissiveness is a lifestyle, or at least one element. Cases will be reported and analysed and then an assessment has been made as to whether the new legislation actually does matter in the outcome of these cases. In the preamble to current legislation, the amendment of the law is motivated by the fact that it will create a new norm in society. A norm that mean that consent to sexual intercourse should be obvious. Many expressed a belief and a wish that a new legislation would make it easier to convict rapists. The essay shows in the analysis that this will be hard to achieve. Furthermore, it is stated that there should be coherence, within the criminal justice system - i.e. that sexual offenses must be treated equally with other types of crime, such as the burden of proof should be the same. So, does it really matter?