Barn, sex och frivillighet - Konstruktioner av barn i lagstiftning och domar rörande sexualbrott mot barn

Abstract

Aims and objectives The aim of the study is to examine the social constructions of children, and the possible consequences of these constructions, in verdicts and legislation concerning sexual offenses against children. This is done by investigating how the aggrieved party can be constructed as a child in verdicts, in relation to the legislation, when the aggrieved party is approaching the swedish limit at 15 years for the age of sexual consent. Theory and key concepts The ontological, semantic and epistemological foundation of the study is social constructionism and the field of research is the sociology of childhood. Method and data The approach is qualitative with a closeness to the empirical data and inspired by grounded theory. The verdicts are cases of sexual acts with or against someone under the age of 15, where the prosecutor considers that the case is coarser, but stating that there is no violence or threats, and where the verdict was given by the district court in 2012. Current clauses in legislation and the bill for the amendment in 2005 are also included in the data. Results The law (re)constructs conceptions of children in the work of demarcation concerning the age of sexual consent. Child as a concept is constantly contrasted to its antithesis non-child, which has an impact through the courts discussions in the verdicts. The possibility of a voluntary action of the minor determines whether he or she may retain guaranteed status as a child or not.