The rape law Revision in Denmark: Consent or voluntariness as the key criterion?

Research output: Contribution to journalJournal articleResearchpeer-review

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The rape law Revision in Denmark : Consent or voluntariness as the key criterion? / Vestergaard, Jørn.

In: Bergen Journal of Criminal Law & Criminal Justice, Vol. 9/2, 29.01.2021, p. 5-32.

Research output: Contribution to journalJournal articleResearchpeer-review

Harvard

Vestergaard, J 2021, 'The rape law Revision in Denmark: Consent or voluntariness as the key criterion?', Bergen Journal of Criminal Law & Criminal Justice, vol. 9/2, pp. 5-32. <https://boap.uib.no/index.php/BJCLCJ/article/view/3237>

APA

Vestergaard, J. (2021). The rape law Revision in Denmark: Consent or voluntariness as the key criterion? Bergen Journal of Criminal Law & Criminal Justice, 9/2, 5-32. https://boap.uib.no/index.php/BJCLCJ/article/view/3237

Vancouver

Vestergaard J. The rape law Revision in Denmark: Consent or voluntariness as the key criterion? Bergen Journal of Criminal Law & Criminal Justice. 2021 Jan 29;9/2:5-32.

Author

Vestergaard, Jørn. / The rape law Revision in Denmark : Consent or voluntariness as the key criterion?. In: Bergen Journal of Criminal Law & Criminal Justice. 2021 ; Vol. 9/2. pp. 5-32.

Bibtex

@article{d88b329db3614d1994e447b75dd615d3,
title = "The rape law Revision in Denmark: Consent or voluntariness as the key criterion?",
abstract = "The adoption of a consent-based rape provision in the Danish Penal Code has gradually gained sufficient political support. The overall objective behind the law reform is to render better protection of the right to sexual self-determination and sexual integrity. However, in the recent run-up towards a political agreement, a sharp dividing line has separated the proponents of change due to a heated controversy with regard to the choice of the appropriate term to be used in the revised criminal law provision, i.e., {\textquoteleft}consent{\textquoteright} or {\textquoteleft}voluntariness{\textquoteright}. The disagreement has caused a protracted deadlock in the reform process. This article examines the polarising opinions in the debate and compares the potential impacts of the debated models. It will be demonstrated that the demarcation line between the two opposing parties in the debate concerning the choice of terminology has been drawn unnecessarily sharp. The reach of the amended rape legislation will not merely depend on the wording of the rape provision but will, at least in part, depend on the clarifications provided in the preparatory works. Ultimately, the courts will have to clarify the legal implications of an individual{\textquoteright}s passivity in a sexual encounter and address the adequate assessment of sexual encounters taking place against the backdrop of psychological violence and abuse.",
keywords = "Det Juridiske Fakultet, Rape law, Consent, Voluntariness, Sexual crimes",
author = "J{\o}rn Vestergaard",
year = "2021",
month = jan,
day = "29",
language = "Dansk",
volume = "9/2",
pages = "5--32",
journal = "Bergen Journal of Criminal Law & Criminal Justice",
issn = "1894-4183",
publisher = "Research Group for Criminal Law and Criminal Procedure",

}

RIS

TY - JOUR

T1 - The rape law Revision in Denmark

T2 - Consent or voluntariness as the key criterion?

AU - Vestergaard, Jørn

PY - 2021/1/29

Y1 - 2021/1/29

N2 - The adoption of a consent-based rape provision in the Danish Penal Code has gradually gained sufficient political support. The overall objective behind the law reform is to render better protection of the right to sexual self-determination and sexual integrity. However, in the recent run-up towards a political agreement, a sharp dividing line has separated the proponents of change due to a heated controversy with regard to the choice of the appropriate term to be used in the revised criminal law provision, i.e., ‘consent’ or ‘voluntariness’. The disagreement has caused a protracted deadlock in the reform process. This article examines the polarising opinions in the debate and compares the potential impacts of the debated models. It will be demonstrated that the demarcation line between the two opposing parties in the debate concerning the choice of terminology has been drawn unnecessarily sharp. The reach of the amended rape legislation will not merely depend on the wording of the rape provision but will, at least in part, depend on the clarifications provided in the preparatory works. Ultimately, the courts will have to clarify the legal implications of an individual’s passivity in a sexual encounter and address the adequate assessment of sexual encounters taking place against the backdrop of psychological violence and abuse.

AB - The adoption of a consent-based rape provision in the Danish Penal Code has gradually gained sufficient political support. The overall objective behind the law reform is to render better protection of the right to sexual self-determination and sexual integrity. However, in the recent run-up towards a political agreement, a sharp dividing line has separated the proponents of change due to a heated controversy with regard to the choice of the appropriate term to be used in the revised criminal law provision, i.e., ‘consent’ or ‘voluntariness’. The disagreement has caused a protracted deadlock in the reform process. This article examines the polarising opinions in the debate and compares the potential impacts of the debated models. It will be demonstrated that the demarcation line between the two opposing parties in the debate concerning the choice of terminology has been drawn unnecessarily sharp. The reach of the amended rape legislation will not merely depend on the wording of the rape provision but will, at least in part, depend on the clarifications provided in the preparatory works. Ultimately, the courts will have to clarify the legal implications of an individual’s passivity in a sexual encounter and address the adequate assessment of sexual encounters taking place against the backdrop of psychological violence and abuse.

KW - Det Juridiske Fakultet

KW - Rape law

KW - Consent

KW - Voluntariness

KW - Sexual crimes

M3 - Tidsskriftartikel

VL - 9/2

SP - 5

EP - 32

JO - Bergen Journal of Criminal Law & Criminal Justice

JF - Bergen Journal of Criminal Law & Criminal Justice

SN - 1894-4183

ER -

ID: 256075556