Den manliga förövaren och det kvinnliga offret - En kvalitativ dokumentanalys om hur kvinnor och män framställs i misshandelsdomar

Abstract

The equality principle, enshrined in the Swedish Constitution, states that everyone is equal before the law. However, previous research indicates that judgements are influenced by conceptions of gender and sex. The purpose of this study is to examine how women and men are portrayed in judgements regarding assault crimes. This study will be conducted through the lens of social constructivism, gender theories by Judith Butler and Yvonne Hirdman and the theory of ideal victims and perpetrators. This study is a document analysis based on 28 assault judgements, involving 14 female and 14 men defendants decided by the district court in 2024. The main findings of the study showed both similarities and differences in the portrayal of women and men in the judgements. Our study showed that the behaviors of women and men are constructed through stereotypical traits associated with femininity and masculinity. Women were often described as more vulnerable and emotional, with their actions explained by underlying factors such as mental health issues or substance abuse. While men were described as more aggressive and violent. The results indicate that gender stereotypes still persist in judgements, as women and men are portrayed differently based on traditional gender norms. The extent to which these traits were expressed in the judgements differed, depending on whether the perpetrator was a woman or a man.