Samtyckeslagen is the first law of its kind in the entire world, and I am head over heels for this law.
Samtyckeslagen: samtycke= consent, lagen = law.
Now you just got a super tiny Swedish course. Hurray!
Prior to the sexual consent law, a person had to prove that they fought or that they said “no” during the sexual act in order to categorize it as rape. Nowadays, the person who is accused of raping someone must prove that the person agreed to the sexual intercourse and that it hence wasn’t a sexual assault.
Samtyckeslagen states that sex without consent is rape, even when there are no threats or force involved.
Thanks to the sexual consent law, there has been the first conviction from the Swedish Supreme Court stating negligent rape.
What is negligent rape? It is a judgment declaring that a sexual act is considered negligent rape when there has not been a (clear) consent, but in which the perpetrator had not intended to commit rape or assault. For example, a man is sleeping next to a woman and he starts initiating sex while she is in fact sleeping. Nevertheless, he believes she is awake. It is negligent rape as the man is not making sure to see and ask if the person is awake and consents (wants) to have sex.
Do you need to have contracts in order to have sex legally?
No, you just have to make sure the person you want to have sex with wants it too. But how do you know that for sure? You ask. Clearly. “Do you want to have sex with me? “ or “do you also want to have sex?”. Give them time to answer, and if you see that you do not get an enthusiastic answer, do not have sex. At least, not this time. Maybe in an hour or two when the other person is enthusiastic about it and wants to have sex too.
Is it awkward to ask? Perhaps in the beginning, perhaps not all the time. Perhaps it will raise your excitement even more! And to be honest, isn’t it much more appealing to hear and see that the person you want to have sex with is also enthusiastic and excited about it?
If you think you are a victim of a sexual offence, you can ask for help at The Swedish Crime Victim Compensation and Support Authority