GLJ Short: Sex Must Be Voluntary: Sexual Communication and the New Definition of Rape in Sweden (GLJ 22:5) - a podcast by Nora Markard, Emanuel V. Towfigh, and the other Editors of the German Law Journal

“Sex must be voluntary; if it’s not, it’s a crime,” reads the Swedish government’s ad campaign. The new Swedish rape law is all about communicating consent – “listen, ask, and tune in so that you’re sure what others really want,” the ad continues. Feminists have long campaigned against rape laws that require active resistance from the victim, even where lack of consent is clear. But is rape really just about a failure of communication? What about power and patriarchy? And what about the grey zones that show up in empirical studies on sex communication?

Linnea Wegerstad looks at how the new law has been applied so far, whether it really brings the clarity it promises, and what needs to happen outside of the law for it to work. Her article “Sex Must Be Voluntary: Sexual Communication and the New Definition of Rape in Sweden“ appeared in the Special Issue “Sexual Violence and Criminal Justice in the 21st Century” in GLJ vol. 22:5 in August 2021.Interview by GLJ editor Nora Markard, editing by Marlene Stiller.

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