Sweden -- Age of Consent

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SWEDEN LAWS: 1. Has no sodomy laws, the age of sexual consent is 15 for all.
2. Allows foreign partners of its homosexual citizenry to receive residency permits.
3. Bans discrimination based on sexual orientation in the job market, the law applies to all sections of the labor market as well as all categories of employees including applicants for a job.
4. Allows homosexuals to register partnership with all the legal rights and obligations of marriage with the exception of adopting children and having a church ceremony, or having children through alternative insemination.
5. Allows homosexuals in its military.

Source:  http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/

Sweden - Suède - Suecia     Stockholm
These articles are extracted from the Swedish Penal Code, Chapter six (6), ‘On Sex Offences’, which deals with sex
crimes perpetrated against both children and adults.

I. Ages for legal purposes
Age of majority
In Sweden the age of majority is eighteen (18) years.

Age of consent for sexual activity
In Sweden the age of consent for sexual activity is fifteen (15) years.


Age of consent for marriage
The age of consent for marriage is the majority : eighteen (18) years.

II. Rape
A person committing rape (sexual intercourse or other comparable sexual act forced by violence or
serious threat) can be sentenced to imprisonment for at least two and at most six years. If the rape is
considered as aggravated rape the offender can be sentenced to imprisonment for at least four and
at most ten years. Rape perpetrated against a child is normally considered as aggravated rape.

Section 1 of the Swedish Penal Code
" A person who, by violence or threat involving or appearing to the threatened person as
imminent danger, forces the latter to have sexual intercourse or to engage in a comparable sexual
act, shall be sentenced for rape to imprisonment for at least two and at most six years. Rendering
the person unconscious or otherwise placing the person in a similarly helpless state shall be
regarded as equivalent to violence.

If in view of the nature of the violence or the threat and the circumstances in other respects the
offence is considered less serious, a sentence to imprisonment for at most four years shall be
imposed.

If the offence is grave, a sentence to imprisonment for at least four and at most ten years shall be
imposed for aggravated rape. In judging whether the offence is grave, special consideration shall
be given to whether the violence involved a danger to life or whether the person who had
committed the act had inflicted serious injury or serious illness or, having regard to the method
used or the victim’s youth or otherwise, exhibited particular ruthlessness or brutality. "

III. Other forms of child sex abuse
A person committing sexual coercion (sexual act forced by unlawful coercion that is not considered
as rape) can be sentenced to imprisonment for at most two years. If the crime is considered as
aggravated sexual coercion the offender can be sentenced to imprisonment for at least six months
and at most four years.

Section 2 of the Swedish Penal Code
" A person who, under circumstances other than those mentioned in Section 1, by unlawful
coercion makes someone engage in a sexual act shall be sentenced for sexual coercion to
imprisonment for at most two years.

If the person who committed the act exhibited particular ruthlessness or if the offence is otherwise
considered grave, a sentence of at least six months and at most four years shall be imposed for
grave sexual coercion.

A person committing sexual exploitation (sexual act induced by gross abuse of the victim’s
dependency or by improperly taking advantage of the fact that the victim is unconscious or in other
helpless state or is suffering from a mental disturbance), can be sentenced to imprisonment for at
most two years. If the crime is considered as aggravated sexual exploitation with a minor the
offender can be sentenced to imprisonment for at least six months and at most six years.

Section 3 of the Swedish Penal Code
" A person who induces another to engage in a sexual act by gross abuse of his or her dependency
shall be sentenced for sexual exploitation to imprisonment for at most two years. This also applies
to a person who engages in a sexual act with another by improperly taking advantage of the fact
that the latter is unconscious or in another helpless state or is suffering from a mental
disturbance.

If the person who has committed the act has exhibited particular ruthlessness or if the offence is
otherwise considered to be grave, a sentence to imprisonment for at least six months and at most
six years shall be imposed for grave sexual exploitation. "

A person committing sexual exploitation of a minor (sexual act with someone under eighteen (18)
years who is the offender’s offspring or stands under his responsibility or, otherwise than as
previously stated, a sexual act with someone under fifteen (15) years, can be sentenced to
imprisonment for at most four years. If the crime is considered as aggravated sexual exploitation
with a minor, the offender can be sentenced to imprisonment for at least two and at most eight
years.

Section 4 of the Swedish Penal Code
" A person who engages in a sexual act with someone under eighteen (18) years of age and who is
that person’s offspring or for whose upbringing he is responsible, or whose care or supervision he
is responsible for by decision of a public authority, shall be sentenced for sexual exploitation of a
minor or imprisonment for at most four years. This also applies if a person, in circumstances other
than those mentioned previously in this Chapter, engages in a sexual act with a child under
fifteen (15) years.

If the person who committed the act exhibited particular lack of regard for the minor if the offence
by reason of the minor’s young age or otherwise is regarded as grave, a sentence of imprisonment
for at least two and at most eight years shall be imposed for grave sexual exploitation of a
minor. "

A person, otherwise than as previously stated, committing sexual intercourse with an offspring,
can be sentenced to imprisonment for at most two years. A person committing sexual intercourse
with a sibling, can be sentenced to imprisonment for at most one year.

Section 6 of the Swedish Penal Code
" If a person, otherwise than as previously stated in this chapter, has sexual intercourse with his
or her own child or its offspring a sentence of imprisonment for at most two years shall be imposed
for sexual intercourse with an offspring.

A person who has sexual intercourse with his or her sibling of the whole blood shall be sentenced
to imprisonment for at most one year for sexual intercourse with a sibling.

The provisions of this section do not apply to a person who has been made to commit the act by
unlawful coercion or other improper means. "

A person committing sexual molestation (to sexually touch a child under fifteen (15) years or
induce the child to undertake or take part in an act with sexual implications, inter alia to participate in
producing pornographic material, or with improper influence induce a person fifteen (15) to
seventeen (17) years old to take part in pornographic posing or in producing pornographic material)
can be sentenced to pay a fine or imprisonment for at most two years.

Section 7 of the Swedish Penal Code
" A person who, otherwise than as previously stated in this Chapter, sexually touches a child
under fifteen years of age or induces the child to undertake or participate in an act with sexual
implication shall be sentenced to a fine or imprisonment for at most two years for sexual
molestation.

A sentence for sexual molestation shall also be imposed on a person who by coercion, seduction
or other improper influence induces a person who has attained the age of fifteen (15) years but
not the age of eighteen (18) years to undertake or participate in an act with sexual implication if
the act is part of the production of pornographic pictures or constitutes pornographic or
constitutes pornographic posing in circumstances other than those relating to the production o a
picture.

This shall also apply if a person exposes himself to another in a manner apt to give offence or
otherwise behaves indecently toward the latter by word or deed that flagrantly violates a sense of
decency. "

A person committing seduction of youth (by promising or giving compensation to obtain or try to
obtain casual intercourse with someone under eighteen (18) years) can be sentenced to pay a fine or
imprisonment for at most six months.

Section 10 of the Swedish Penal Code
" A person who, by promising or giving compensation, obtains or tries to obtain casual sexual
relations with someone under eighteen (18) years of age, shall be sentenced for seduction of
youth to pay a fine or to imprisonment for at most six months. "

Section 11 of the Swedish Penal Code
" Liability prescribed by this chapter for an act committed against someone under a given age
shall be imposed even on an person who did not realise but had reasonable grounds for assuming
that the other had not attained such age "

Section 12 of the Swedish Penal Code
" Liability shall be imposed as provided in Chapter 23 for attempt to commit rape, aggravated
rape, sexual coercion, aggravated sexual coercion, sexual exploitation, aggravated sexual
exploitation, sexual exploitation of a minor, aggravated sexual exploitation of a minor, procuring
and aggravated procuring. This also applies to preparation for and conspiracy to commit rape,
aggravated rape, aggravated sexual exploitation of a minor and aggravated procuring. "

Section 13 of the Swedish Penal Code
" When, in the case of sexual exploitation of a minor as under Section 4, first paragraph, second
sentence or attempt to commit such an offence, or in the case of sexual molestation as under
Section 7, first paragraph, there is little difference in age and development between the offender
and the child, public prosecution shall not occur unless it is called for in the public interest. "

IV. Child prostitution
‘Procuring’, Section 8 of the Swedish Penal Code
" A person who promotes or in an improper way exploits the fact that someone has casual sexual
relations for payment shall be sentenced for procuring to imprisonment for at most four years.
If a person grants the right to enjoy premises to another and knows that the premises are wholly
or to a substantial extent used for casual sexual relations for payment and omits to do what can
reasonably be expected to terminate the occupation, and if the activity continues or is resumed at
the premises, he shall be considered to have promoted the activity and shall be sentenced in
accordance with the first paragraph. "

‘Aggravated procuring’, Section 9 of the Swedish Penal Code
" If the offence mentioned in Section 8 is grave, imprisonment for at least two an d at most six
years shall be imposed for aggravated procuring.

In judging whether the offence is grave, special consideration shall be given to whether the
offender has promoted casual sexual relations for payment on a large scale or has ruthlessly
exploited another. "

V. Child pornography
A person producing or distributing child pornography can be sentenced to pay a fine or
imprisonment for at most two years according to the Penal Code, Chapter 16, Section 10 a (child
pornography offence). The law is about to be changed so that in future it will be a criminal offence
to possess child pornography.

Section 10 a of the Swedish Penal Code
" The person who
1.depicts children in a pornographic picture,
2.distributes, transfers, shows, puts such a picture of a child at another person’s disposal or in another way makes such a picture available for another person,
3.acquires or offers such a picture of a child for sale,
4.procures contacts between buyers and sellers of such picture of children or takes another similar measure with the view to promoting trafficking in such pictures, or
5.has such a picture of children in his possession
is convicted of child pornography crime and sentenced to imprisonment for not more than two
years or, if it is a petty crime, is fined or sentenced to imprisonment for no more than six months.

Child refers to a person whose puberty development is not completed or who, when it appears
from the picture or the circumstance in it, is under the age of 18.
The person who professionally or in another way for the purpose of making money through
negligence distributes such a picturethat is refered to in the first paragraph, is convicted as it is
said there.

If a person has committed a crime, referred to in the first paragraph, that is considered to be
serious, he shall be convicted of serious child pornography crime and sentenced to imprisonment
for a minimum of six months and not more than four years. When judging whether a crime is
serious it is to be especially taken into consideration if it has been committed professionally or for
the purpose of making profits, has formed part of criminal activities that have been carried on
methodically or to a great extent, has concerned an especially large number of pictures or has
concerned pictures where children are subjected to especially ruthless treatment.

The prohibitions of depiction and possession do not concern the person who draws, paints or in
another similar craftsmanlike way makes such picture referred to in the first paragraph, if the
picture is not meant to be distributed, transferred, shown or in another way put at other persons
disposal. Also in another cases an act shall not constitute a crime if special circumstances make
the act obviously justified ".

Section 17 of the Sewdish Penal Code
" A person is convicted of responsibility, according to what is said in chapter 23, for
preparationfor or conspiracy to or failure to reveal mutiny. The same applies to attempt to or
preparation for grave gambling, attempt to such child pornography crime that is referred to in the
first paragraph of article 10a, if it is not a petty crime, and attempt to or preparation for serious
child pornography crime. "

 

 

 

Subject:  Addendum to Age of Concent in Sweden!
Date:      Thu, 22 Jul 1999 13:31:55 PDT
From:     [removed]

Your site is a great!  But I think it proper to make clear that the "age of concent" is not the same thing as the legal age to produce or feature in pornographic material.

Correct, in Sweden, the age of concent, i.e. the age at which you have legal right to have sex (or minimum age for one of the parts in the sexual act) is fifteen. That is NOT to say, that minimum age for pornography is 15. Pornographic images or movies of people under the age of 18 is concidered child pornography, and is a very serious crime. Recently, not only producing or distributing, but also owning or keeping, this kind of material is illegal.

Example: I am 28 years old, and if I have sex with a fifteen year old girl, that is legal, as long as she wants it. But if someone should film us or take photos of the act, that would be child pornography - hence illegal.  I am sure that this is the way it works in many countries, not only Sweden (I know it is so in Norway and Denmark!).


Hello!

I just found your site. Very interesting reading. I live in Sweden, and I
see in your chart that you have gotten the Swedish age of consent (15)
right, but that the figures are not red (i.e. not verified). I don't know
exactly what kind of verification you need, but I here provide the relevant
sections of the Swedish law, with my own comments/translations below:

>From chapter six of "Brottsbalken" (The Swedish Criminal Code):

(Section 4)
Har någon sexuellt umgänge med den som är under arton år och som är hans
avkomling eller står under hans fostran eller för vars vård eller tillsyn
han har att svara på grund av myndighets beslut, döms för /sexuellt
utnyttjande av underårig/ till fängelse i högst fyra år. Detsamma skall
gälla om någon, i annat fall än som avses förut i detta kapitel, har
sexuellt umgänge med barn under femton år.
  Om den som har begått gärningen visat särskild hänsynslöshet mot den
underårige eller om brottet på grund av dennes låga ålder eller annars är
att anse som grovt, skall dömas för /grovt sexuellt utnyttjande av
underårig/ till fängelse, lägst två och högst åtta år.*Lag 1994:1499.*

### (a) If someone has sex with a person under 18 that is either his
descendant or in his care due to a decision by some legal authority, he
will be sentenced for "sexual exploitation of underage person" to prison up
to four years.
### (b) The same sentence will be carried out if someone has sex with
children under the age of 15 (but see the exception in (f)!).
### (c) If the one commiting the act has shown special ruthlessness, he
will be sentenced for "gross sexual exploitation of underage person" to
prison between two and eight years.

(Section 7)
Den som, iannat fall än vad som avses förut i detta kapitel, sexuellt berör
barn under femton år eller förmår barnet att företa eller medverka i någon
handling med sexuell innebörd, döms för /sexuellt ofredande/ till böter
eller fängelse i högst två år.
  För sexuellt ofredande döms även den som genom tvång, förledande eller
annan otillbörlig påverkan förmår någon som har fyllt femton men inte arton
år att företa eller medverka i en handling med sexuell innebörd, om
handlingen är ett led i framställning av pornografisk bild eller utgör en
posering i annat fall än när det är fråga om framställning av en bild.

### (d) One who sexually touch a child under 15 or brings the child to
participate in an act with sexual meaning, will be sentenced for "sexual
molesting" to a fine or prison up to two years.
### (e) The same sentence will be carried out if one through coercion,
seduction or other undue influence brings someone over 15 but under 18 to
participate in the making of pornographic pictures, posing in the nude etc.

13 Är vid sexuellt utnyttjande av underårig enligt 4 paragrafen första
stycket andra meningen eller försök till sådant brott eller vid sexuellt
ofredande enligt 7 paragrafen första stycket skillnaden i ålder och
utveckling mellan den som har begått gärningen och barnet ringa, får åtal
väckas av åklagaren endast om åtal är påkallat ur allmän synpunkt. *Lag
1994:1499.*

### (f) If, at a case of sexual exploitation of underage person according
to (b) or at a case of sexual molesting according to (d), the difference in
age and development between the offender and the child is small, the
prosecutor may only prosecute in special circumstances.

So, the Swedish age of consent is 15 in the general case and 18 in some
very special circumstances, but note the exception section that makes sex
between, say persons 14 and 16 years old unpunishable; the age limit is
rather soft. No difference between heterosexual and homosexual sex.

anders
------------------------------
anders@algonet.se (Anders Hultman
http://www.algonet.se/~anders/
January 2, 1999

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