Challenging Legal Core Values : Consent-Based Rape Legislation In Practice

Abstract

Available open access digitally under CC-BY-NC-ND licence. This book presents the first ethnographic study into a new consent-based rape law in Sweden and shows how the implementation of this legislation challenges outdated legal frameworks and requires a shift in legal practice. Focusing on the Swedish context, it provides insights that are globally applicable, offering lessons for other countries where consent-based rape laws are in place. By examining the limitations of the conventional legal enactment of autonomy, rationality and objectivity, the authors argue for an evolved approach to ensure fairness and effectiveness. Integrating feminist legal theory with the sociology of emotions, the book reveals how emotional and contextual factors shape legal reasoning. Aiming to make legal processes for sexual violence more transparent, predictable and democratic worldwide, this is an urgent call for enhanced professional training in emotional reflexivity and empathy.