Rape

Heart with a chain across

Sexual harassment, sexual assault, rape - simply put: different forms of sexual violence - are sexual things done to you against your will. It includes everything from getting cat called, somebody pinching your butt, or somebody having sex with you even though you don’t want to.

The estimated number of unknown cases (crimes that are never reported) of sex crimes is huge - at least 80% of cases aren’t reported. The cause of this could be that it’s a difficult process, or a fear of not being taken seriously.

Rape

Rape is when someone has sex with you even if you don’t want them to. Sex against someone’s will is not sex, it’s sexual assault or rape. It’s as simple as that. The responsibility and blame is always with the rapist, never the victim. Rapists are usually “ordinary” people, with families and friends just like everyone else. Even though media focuses on aggressive assault rape (which does happen), remember that rape can just as well be commited by someone close to you and whom you trust. It’s common for rapists to have some sort of prior connection to their victim - they might be partners, for example. Rape is not limited to penis in vagina-sex, it also includes being forced to perform different kinds of sex, like oral sex or sexualy touches. Rape also includes not stopping having sex with someone who wanted to have sex at first but then changed their mind. It doesn’t matter whether the person is drunk/under the influence, afraid or insecure, young, asleep, or feeling unwell. Nobody who is subjected abuse or other forms of threats or violence, or abuse of power, before sex can reasonably consent to it.

Rape and Swedish law

  • The consent law was put into place in 2018 in Sweden. It rules that having sex with someone who doesn’t consent is rape. Everything that is not a “yes” means no. The one who wants to do something sexual is responsible for making sure that the person(s) they’re with actually consents.

  • If an adult has sex with a person under the age of consent (15 years of age), it’s considered rape, regardless of the circumstances. This law exists to protect the children who are victims.

How do I report if I want to?

  • Feel no pressure to report to the police. It’s tough and even if it’s good to report, as a way of reducing the estimated number of unknown cases, only do it if you have the energy.

  • Medical examination. It’s probably good to get a medical examination to find possible evidence for the rape. Preferably within three days of when it happened. Bring someone who can support you and remember that the medical staff at the hospital are all professionals and there to help you!

  • You can contact any police station you want. When it’s time for you to report, the police are obligated to listen to you

  • Call and book an appointment if it feels better than visiting the police station unannounced.

  • Bring someone that you feel safe with, like a family member, friend, or someone from a support group.

  • Prepare if you can - Take notes or practice what you want to say. Ask for help and support during your testimony.

  • Get counsel for an injured party (målsägandebiträde), as soon as you can (before any interrogations). They are a person, usually a lawyer, who will help you through the legal proceedings through support, help, and legal counsel. You always have the right to counsel, and you have the right to submit your preference for their gender, age and competence. The Swedish government pays for any counsel for an injured party.

  • The police or prosecutor decides whether there will be an investigation - and if the rapist and possible witnesses are to be interrogated.

  • If there’s a trial. You get to describe, in as much detail as possible, what’s happened. Prosecutors, defence attorneys, and other members of the court are going to ask you questions.

  • Verdicts can be appealed against. It usually takes up to two weeks before it’s done.

  • Remember that no matter the result, if you report or don’t report, or if the case doesn’t end in an investigation or trial, what you’ve been subjected to is still wrong. Your experiences are valid and real, and there’s still help that you can get.

  • Seek help! If you want to, you can get help, both for possible physical and mental harm. Rape is a heavy subject and it’s important to take it seriously. Talk to someone if you feel that you need to! 

Text by Therese Larsson, Trans- och Tjejjouren i Malmö

Translated by Dannie Milve, Förenade tjej-, trans- och ungdomsjourer