Fact Sheet on Violence against Women



The Ministry of Labour in Cooperation with the Ministry of
Justice and the Ministry of Health and Social Affairs, Swedish
Government Offices on Issues Related to Violence against
Women.

1999 Swedish Law on Prostitution

The proposals described in this Fact Sheet are a summary of the Swedish government's Bill on legislative provisions and other measures to counteract violence against women. The Bill was submitted to Parliament in February, 1998. A decision by Parliament is expected in May, 1998. The intention is for the proposed legislative changes to enter into force on 1 July 1998. The prohibition on the purchase of sexual services is however proposed to enter into force on 1 January 1999.

The proposals described in this Fact Sheet are a summary
of the Swedish government's Bill on legislative provisions
and other measures to counteract violence against women.
The Bill was submitted to Parliament in February, 1998.
A decision by Parliament is expected in May, 1998. The
intention is for the proposed legislative changes to enter
into force on 1 July 1998. The prohibition on the purchase
of sexual services is however proposed to enter into force
on 1 January 1999.

Sweden is by many regarded as a society in which there
is a relatively high degree of equality between women and
men.This goes, for instance, concerning women's representation
in Government (50 per cent), in Parliament (40 per cent),
in County Councils (48 per cent) and in Municipalities
(41 per cent). Swedish women also have a relatively high
employment rate (70 per cent) and thereby good possibilities
to support themselves. Both women and men have ample possibilities
to combine employment with parental and household responsibilities.

In many areas, however, there is a considerable imbalance
in the power relations between women and men. The most
extreme example of such an imbalance is the occurrence
of men's violence against women. Despite several measures,
particularly in recent years, thousands of women in Sweden
are subjected to violence. Over the last decade, the number
of reported assaults and various forms of sexual offences
has increased markedly. Often, these offences are committed
by a man who has a close relationship to the woman concerned
(domestic violence).

Violence against women is therefore an obstacle to the
ongoing development towards equality between women and
men. Violence against women is also a serious social problem.
To take action against this form of criminality is thus
a task which has been declared by the government to be
given priority in the criminal justice system.

The government's Bill for action against violence against
women, deals with a number of issues and entails three
essential points of departure:

Legislation is to be further improved and made more
rigorous Further preventive measures are to be undertaken
Women victims are to be dealt with in better ways than
hitherto

In total, the government is allocating SEK 41 million
for 1998 for use on a variety of measures. The proposals
mean that Sweden fulfils obligations arising from the Fourth
World Conference on Women, held in Beijing in 1995. The
government does however not exclude that further measures
may be called for.

Gross violation of a
woman's integrity - a new offence

A new offence is to be introduced into the Penal Code.
Its purpose is to deal with repeated punishable acts directed
by men against women having a close relationship with the
perpetrator (gross violation of a woman's integrity), but
also covers children and other closely related persons
(gross violation of integrity).

In short, gross violation of a woman's integrity, means
the following. If a man commits certain criminal acts (assault,
unlawful threat or coersion, sexual or other molestation,
sexual exploitation, etc) against a woman to whom he is
or has been married or with whom he is or has been cohabiting,
he shall be sentenced for gross violation of the woman's
integrity, instead of for the crime that each of the acts
comprise. A necessary condition for sentencing for the
new offence is that the acts were part of a repeated violation
of the woman's integrity and were suited to seriously damage
her self-confidence. The punishment is imprisonment for
at least six months and at most six years.

Thereby, the new crime makes it possible for the courts
to increase the penal value of the above mentioned acts,
in situations where they are part of a process which constitutes
a violation of integrity, which is often the case with
domestic violence. It will thus also be possible, in a
better way than with present legislation, to take the entire
situation of the abused woman into account. The new crime
does not exclude that the perpetrator simultaneously can
be indicted for, for instance, aggravated assault or rape.

The crime gross violation of a person's integrity can
be used in situations equivalent to the ones above mentioned.
However, under this crime falls repeated violations directed
against children or other closely related persons (such
as parents and siblings to the perpetrator). The punishment
is the same.

Definition of rape to
be widened

The provision of rape is widened so that sexual intercourse
is to include other sexual acts, if having regard to the
nature of the violation and other circumstances, the act
in question is comparable to forced sexual intercourse.
This means that certain acts which under present legislation
are defined as sexual coercion, for example so-called fist-fucking,
will therewith be considered as rape.

Neglecting to report
certain sexual crimes to be made punishable

Under certain circumstances, neglecting to report or otherwise
reveal gross sexual offences (rape, gross rape, gross sexual
exploitation of a minor or gross procuring) will be made
punishable.

Prohibition on the purchase
of sexual services

Obtaining casual sexual services (prostitution) against
payment is to be prohibited. The punishment for this offence
is to be fines or imprisonment for up to six months. The
attempted offence is also to be made punishable. The offence
comprises all forms of sexual services, whether they are
purchased on the street, in brothels, in so-called massage-institutes,
etc.

This new prohibition marks Sweden's attitude towards prostitution.
Prostitution is not a desirable social phenomenon. The
government considers, however, that it is not reasonable
to punish the person who sells a sexual service. In the
majority of cases at least, this person is a weaker partner
who is exploited by those who want only to satisfy their
sexual drives.

It is also important to motivate prostitutes to seek help
to leave their way of life. They should not run the risk
of punishment because they have been active as prostitutes.

By prohibiting the purchase of sexual services, prostitution
and its damaging effects can be counteracted more effectively
than hitherto. The government is however of the view that
criminalisation can never be more than a supplementary
element in the efforts to reduce prostitution and cannot
be a substitute for broader social exertions.

The government estimates that the proposal will mean increased
costs for the police of the order of SEK 10 million from
the beginning of 1999 when the prohibition is to enter
into force.

Social welfare legislation
to be supplemented

The present social welfare legislation is to be supplemented
by a new provision which will mean that local social welfare
services must act to provide women, who are or have been
exposed to violence or other abuse in the home, with help
and support in order to change their situation.

The responsibility of the social services is made plain
by this provision. In consequence, the competence and readiness
of the social services to provide help and support to women
who have been subject to such acts should be further developed.

The National Board of Health and Welfare is also required
to draw up general guidelines for social work in the light
of the new provision.

Increased punishment
for genital mutilation

The term "genital mutilation" is to replace that
of "circumcision" in the law. The serious nature
of the offence means that fines are to be removed from
the scale of punishment. The scale is also to be made more
rigorous by making imprisonment for at most four years
the punishment for the normal crime instead of the present
two years. For the gross form of the crime the minimum
punishment is to be two years, instead of one year as at
present.

Preparation, conspiracy to commit the offence, together
with neglecting to report or reveal genital mutilation
is also to become punishable. Furthermore, the government
has announced that an extension of the area of criminal
responsibility to comprise also a person performing genital
mutilation abroad, will be considered later.

Provisions on sexual
harassment in working life to be made more rigorous

In Sweden, the Equal Opportunities Act contains provisions
concerning equality between women and men in working life.
This Act is made up of two parts. The first part consists
of provisions which makes it incumbent upon an employer
to take certain active measures in order to promote equality
at the work place. The employer who does not comply, runs
the risk of being ordered to do so under the penalty of
a fine. The other part of the Act consists of several provisions
prohibiting discrimination based on sex. The Equal Opportunities
Ombudsman has the task of overseeing compliance with the
Act and can also bring cases of discrimination to the Labour
Court.

The government now proposes that the present rules concerning
sexual harassment in the Act be strengthened. Firstly,
a definition, as follows, is to be inserted into the Act:

By sexual harassment is meant unwelcome behaviour of a
sexual nature or other unwelcome behaviour based on sex,
that violates the employee's integrity at work.

The Act is also to be improved so that it becomes fully
evident that every employer is obliged to take active measures
to prevent and hinder an employee from being exposed to
sexual harassment. The employer must make clear in a general
staff policy statement that sexual harassment involving
employees cannot in any way be tolerated. This policy must
be made known to the employees. It is equally important
that routines are devised for dealing with alleged or factual
sexual harassment. The employer who does not fulfil his
or her obligations run the risk of having to do so under
the penalty of a fine.

Furthermore, an employer who receives information that
an employee has been exposed to sexual harassment by another
employee must investigate the circumstances surrounding
the alleged harassment. Where necessary, the employer must
take such steps as can be reasonably required to prevent
continued sexual harassment. An employer who fails to fulfil
these obligations shall be liable to pay damages to an
injured employee. Damages shall be payable for the violation
which the neglect of required measures occasioned.

Already under the present Equal Opportunities Act, an
employer may not subject an employee to harassment because
the latter has rejected the employers sexual advances or
lodged a complaint about the employer for sex discrimination.
In cases where the employer is the one sexually harassing
an employee, the rules in the Penal Code concerning molestation
or sexual molestation are applicable.

A gender-neutral language
in the Penal Code

In a number of the provisions on, inter alia, assault and
sexual crimes of the Penal Code, the words he, his or him
are used to refer to persons of both sexes. These words
are to be modified in favour of expressions such as his
or hers or similar. The government attaches importance
to a gender neutral language as a whole in the Penal Code.
Work on this question is started by overhauling the chapters
referred to and continue as far as possible when the opportunity
arises.

A Law Commission on
Sexual Offences to be set up

The Law Commission, which will shortly be set up, is to
undertake a complete review of the provisions on sexual
offences. A certain number of recently rendered judgements
concerning rape and sexual exploitation of young women
have attracted much attention. They have given rise inter
alia to questions about where the boundary lies between
different offences in chapter on sexual crimes in the Penal
Code.

The Commission will also be charged to examine to what
extent the offence of rape should focus on consent rather
than force. The provisions on rape in relation to children
will be reviewed. The Commission will furthermore be required
to undertake a study of the courts' practice in the determination
of punishment and of the reasoning employed about penal
value where sexual offences are concerned.

Common tasks to be undertaken
by certain administrations

By special decision, the government charges certain administrations
to undertake common tasks concerning violence against women.
The aim is to give concrete expression to the administrations'
responsibility and duty to take appropriate measures on
issues concerning violence against women. The tasks concern
the Office of the Prosecutor-General and all prosecution
administrations, the National Police Board and all police
administrations, the National Council for Crime Prevention,
the National Prison and Probation Administration, the Crime
Victims Compensation and Support Authority, the National
Board of Health and Welfare, the county councils and, in
certain respects, the National Courts Administration.

Each of these administrations is required to:

• increase its efforts to prevent violence against women,
  
• draw up an action programme or policy document for
  its work on this question,
  
• engage in mutual collaboration with other administrations
  and with the relevant voluntary organisations,
  
• follow international developments concerning violence
  against women, and
  
• report regularly to the government on the steps taken.
  

Certain administrations are furthermore charged with specific
tasks. Some of these tasks are described later on in this
Fact Sheet.

Improved statistics

The government believes it necessary to improve statistics
on violence against women. Current statistics, for example,
contain no information on the sex of victims, only on
the perpetrator of various crimes. Nor is it easy with
the help of statistics to follow cases through the reporting
and investigating phases and on to the courts and the
prison and probation services.

The National Council for Crime Prevention is currently
working on an improvement of the official crime statistics.
This will, inter alia, make it possible to ascertain the
sex of both perpetrator and victim, the age of the latter
and his or her relationship with the perpetrator. The government
is charging the Council to complete this work speedily.

The government is also charging the Office of the Public
Prosecutor to present regular reports on the number of
restraining orders issued and to make suggestions as to
how such statistics can be co-ordinated with statistics
concerning breaches of restraining orders.

A special research study

Official crime statistics on reported offences can never
give a complete picture of the scope of violence against
women. A special research study is necessary for an assessment
of the true nature of this form of criminality and the
resources necessary to halt it.

Such a study, directed specifically towards investigating
the occurance of violence against women, is now to be carried
out. The Crime Victims Compensation and Support Authority
has received the financial means for this purpose.

A gender perspective
in criminological research

     Women's studies in Sweden and other countries
have contributed much to new knowledge on violence against women - its
causes and consequences. Criminological and legal research is however still
lacking a gender perspective.

The National Council for Crime Prevention is a governmental
expert body, which works as a center for research and development
work in the field of crime prevention within the judiciary
and is also responsible for the official crime statistics.
The Council is now charged inter alia to develop research
on violence against women as well as to incorporate a gender
perspective in its present research and development work.
This means inter alia that the Council must set aside resources
for method development, and arrange for an increased exchange
of information with the women's studies.

An inventory of police
efforts

The National Police Board is charged with making
an inventory of efforts made by the police concerning violence
against women and to report them to the government. The
inventory shall also include an investigation into the
extent to which correct and good information is provided
for victims of crime.

Electronic monitoring
to be studied

The National Council for Crime Prevention is charged with
making a study of the practical and technical conditions
necessary for electronic monitoring of men who breach a
restraining order.

The increased risk of detection which such a form of monitoring
implies, can have a deterrent effect as well as providing
greater security for the woman concerned. It would also
mean a limitiation of the freedom of movement of the perpetrator,
instead of, as is often the case today, the woman bearing
the responsibility of reporting the breach to the police.
The setting up of such a project necessitates however having
reliable technology and that the surveillance can be carried
out practically.

Development work concerning
violence against women and prostitution

The National Board of Health and Welfare is
charged to undertake development work on questions concerning
violence against women and on prostitution.

The work will seek to facilitate the expansion of competence
and improvement of methods within the social and health
services. Included in this task is the initiation and support
of collaborative projects and of the dissemination of information
and the following of international developments.

For the above mentioned tasks, the National Board will
be allocated extra financial support for the period 1998-2000.
Thereafter, the tasks are to become a part of the routine
work of the National Board.

Treatment methods for
men are to be surveyed and evaluated

Increased attention must be given to those men who commit
acts of violence against women.

The National Prison and Probation Administration is therefore
charged, in consultation with the National Board for Health
and Social Welfare, to survey existing methods of treatment
for men sentenced for violent offences against women. Consideration
shall also be given to the need to provide more adequately
for such treatment. The result of the survey should be
reported at latest by 31 December 1998.

In order to ascertain what methods are suitable and effective,
the government will also initiate and fund evaluation of
existing methods of treatment for men who commit violent
offences against women.

In the forthcoming evaluation it will be especially important
to direct attention to the available international experience.
Knowledge of the causes of male violence against women
which has been acquired by women studies in Sweden and
other countries must obviously be taken account of in such
an evaluation.

A national rapporteur
on trafficking in women

The question of trafficking in women for the purposes of
their sexual exploitation, has been taken up in recent
times by the European Union. A national rapporteur on this
question is recommended to be appointed in all Member States,
in accordance with a declaration signed jointly by the
Ministers of Justice and the Ministers of Equality Affairs.

     The National Police Board
is charged with being the national rapporteur for Sweden.

     The National Police Board
shall inter alia collect information on the extent of trafficking
in women in Sweden as well as between Sweden and other
countries, including outside of the European Union, and
consider how such trafficking can be prevented and counteracted.
It shall report regularly to the government.

Information to those
seeking residence permits

Sweden has, in comparison with many other countries, far-reaching
legislation on violence and aggression against those in
close relationship. Thus, for example, it is forbidden
for parents to physically punish their children or treat
them in humiliating fashion. Rape in marriage is also forbidden
and domestic violence can be indicted even if the victim
has made no formal accusation.

The Immigration Board will now be charged with drawing
up information material on Swedish legislation relating
to violence in close relationships. This information is
to be disseminated among those seeking residence permits
in Sweden.

Support for certain
voluntary organisations

Men

The government considers it important to support preventive
work among men. In recent years, several men's organisations
have been created in Sweden for the purpose of helping
and supporting men running the risk of or having committed
violent crimes against women. Among these, emergency
centres, run by men for men, and a Male Network against
Male Violence, can be mentioned. The government will
now allocate financial support to these organisations
for projects with the aim to further develop ways and
means, including information, to men about violence
against women. The money will be allocated after considering
applications from the organisations concerned.

Youth

It is especially important to reach out to youth on questions
concerning violence against women. Funding will therefore
be available for projects that relate to, and are initiated
by, young people and there organisations on issues
related to violence against women.

Immigrant and disabled women

Organisations working on behalf of immigrant and disabled
women will also receive financial support for projects
and other efforts in this field.

Financial contribution
to the United Nations

The government will allocate around SEK 2 million to the
UN Centre for Human Rights and the Special Rapporteur on
violence against women in order to support the ongoing
work concerning the human rights of women.

Nation wide further
training for professional groups

Women victims must in the future be better understood and
supported by the professional groups with which, in various
ways, they come in contact. This can be achieved if personnel
receive training in matters concerning violence against
women, the mechanisms behind this violence and on ways
and means to prevent it and support women victims of violence.

The government is therefore charging the National Police
Board, in consultation with the National Courts Administration,
the Prosecutor-General and the National Board of Health
and Social Welfare, to carry out a nation wide training
at central, regional and local levels. The training will
be financed through extra funding from the State Budget.

A similar training was last carried out in 1992. Nearly
20,000 persons from the criminal justice system and the
social welfare and health services took part. The aim now
is to bring about a more widespread training with a larger
number of participants from the police, the prosecution,
the social services, etc. Training and information for
judges and lay judges will also be carried out.

Further training must normally be financed as part of
an administration's ordinary work. The government has announced
that this should be arranged in future on a larger scale
than has hitherto been the case.

Improved professional
education

Questions of gender equality and violence against women
should be emphasised in the education for professions in
which the professional in question come in contact with
women who have been victims of gender-related violence.
It is a serious shortcoming that this is not the case today.

For this reason additions will be made to the examination
requirements in the regulations governing college education
in respect of the following professions or in the following
professional /subjects:

Midwifery, child and youth pedagogics, elementary school
and high school teachers, law, medicine, psychology,
psychotherapy, nursing, social care, social work, dentistry
and theology.

The police training already today includes these issues.

The University College Administration will be required
to follow up and evaluate the new regulations. During a
three-year period the Administration will follow up and
evaluate how the new regulations have come to influence
the teaching given. It is to report annually to the government.

The annual support for
the women's shelters to be increased

There are presently 131 local women's emergency shelters
in Sweden. They constitute a significant form of work to
protect and help women subjected to violence and their
children. The shelters are organised in two national umbrella
organisations.

The available information shows that the local shelters
receive about 14,000 calls a year for help from women in
need. Approximately 1,500 women with their children live
in the overnight apartments possessed by the shelters.

The shelters' national umbrella organisations receive
an annual organisational support via the State budget.
The local shelters receive funding by the municipality
in which they are located, but the support varies from
municipality to municipality. They can also receive State
support for development work, after application.

Over and above the present financial help given, the State
support to the shelters will now increase. A further SEK
6 million will be made available to the shelters and their
umbrella organisations annually.

A crisis telephone line
for women victims

The local women's shelters today offer telephone advise
and support. A need for a national crisis telephone line,
to further assist women in crisis situations or in some
other way in need of urgent advise, support and help, has
however been expressed. The telephone line should be open
around the clock.

The National Board for Health and Social Welfare is therefore
charged with the task to speedily study how such a a central
crisis telephone line for women victims of violence might
be set up. The result of the study is to be reported at
latest by 1 July 1998 so that implemen-tation may be started
in short.

The National Centre
for battered and raped women to receive additional
support

The
National
Centre
for
battered
and
raped
women
was
set
up
in
1994
on
the
government's
initiative.
The
government
also
provided
initial
funding
for
the
Centre,
whose
activities
fall
under
the
auspices
of
the
County
Council
of
Uppsala,
north
of
Stockholm.
The
Centre
is
attached
to
the
Uppsala
Academic
hospital.
Its
purpose
is
to
provide
medical
examination,
treatment
and
support
to
women
subjected
to
violence.
Another
important
task
of
the
Centre
is
to
develop
research
and
practical
measures
on
ways
and
means
with
which
the
health
and
medical
system
receives
women
subjected
to
violence
and
to
serve
as
a
national
resource
in
these
matters.
The
Centre
therefore
devotes
efforts
to
document
and
spread
information
on
its
work
methods
to
other
regions
in
Sweden.

The Centre's activities to develop routines and treatment
methods within the medical system is decisive for enabling
women subjected to violence to seek medical advise or medical
treatment. Therefore the Centre will receive additional
extra funding for 1998. Funding of the Centre's activities
is otherwise a matter for the County Council.

Previous measures to
combat violence against women

Efforts to prevent and eliminate violence against women
have had high priority in Sweden in recent years and various
measures have been implemented to this end. They include
preventive measures, stricter penalties, procedural improvements
and better support for women victims of violence.

Some milestones

• 1965 Rape in marriage is forbidden.
  
  
  
  
• 1982 Changes in the rules concerning prosecution
  for battering and rape so that prosecution no longer
  is dependent on an accusation being made by the person
  subjected to the offence. Anyone who receives information
  about such an offence can report it to the police, thus
  marking that these offences are not a private matter
  betweeen the parties involved.
  
  
  
  
• 1984 Reformation of the sexual crimes in the
  Penal Code. The definition of rape is widened to comprise
  also oral and anal intercourse as well as intercourse
  between homosexuals. In addition, also men can be the
  victims of rape committed by a female perpetrator. It
  is made clear that the behaviour of the victim prior
  to the rape is irrelevant. The provisions concerning
  procuring are strengthened.
  
  
  
  
• 1988 Law on Restraining orders is introduced
  in the Penal code. This law has since been strenghtened.
  The law is presently being subject to an evaluation.
  
  
  
  
• The Injured Party's Counsel Act is introduced. Under
  this Act the victim of a crime of violence is entitled
  to free legal counsel during police investigation and
  trial. In 1991 and 1994 the possibilities of getting
  free legal aid was extended. The law is presently being
  subject to an evaluation.
  
  
  
  
• 1991 Rules on sexual harassment in working life
  are introduced in the Equal Opportunities Act.
  
  
  
  
• A nation wide training of personnel in the judiciary,
  the social services and the health care system is launched.
  The training, with the purpose of increasing the knowledge
  on issues related to violence against women - its causes
  and consequences, is given to appr. 20.000 persons.
  
  
  
  
• Projects are launched for a better cooperation between
  the police, the social services and other relevant parties
  at regional level.
  
  
  
  
• Every police station in Sweden is equipped with so
  called alarm kits which can be given to threatened women
  free of charge. These kits consist, inter alia, of alarm
  systems for the home, mobile telephones etc.
  
  
  
  
• The possibility for severely threatened women to receive
  body guards, free of charge, is introduced on a trial
  basis. This possibility is now permanent.
  
  
  
  
• A Chair in sociology - in particular violence against
  women - is introduced at the university of Uppsala, north
  of Stockholm, financed via the State budget.
  
  
  
  
• 1993 The punishment for battering, molestation,
  sexual molestation and unlawful threat is increased.
  
  
  
  
• 1994 A National Centre for raped and abused
  women is set up. The aim is to receive and treat women
  who are victims of abuse, rape etc. and to contribute
  to a better treatment of such patients within the health
  care system. This means that the Centre is also involved
  in development work, in research and in training etc.
  The Centre is available around the clock.
  
  
  
  
• 1995 The punishment for gross sexual exploitation
  is increased. The definition of sexual molestation is
  widened.
  
  
  
  
• 1998 The government presents a Bill to Parliament
  on violence against women. The Bill comprises, inter
  alia, new legislation, changes in existing legislation,
  measures for a more effective work within the police,
  the prosecution and the social services and increased
  financial support to the shelters.
  
  
  
  
• 2002 Update:
  
  
  
  The 1999 Swedish law prohibiting the "gross violation
  of a woman's integrity" which includes prostitution,
  is at http://naring.regeringen.se/pressinfo/faktablad/PDF/n2001_038e.pdf
  
  
  
  A 2001 summary of Swedish legislative reform regarding
  violence against women is at http://naring.regeringen.se/pressinfo/faktablad/PDF/n2001_002e.pdf
  
  
  
  Writings about Swedish legislation and social proposals
  which promote equality between men and women are at http://www.naring.regeringen.se/inenglish/areas_of/equality.htm
  
  
  
  The Swedish Minister for Gender Equality Affairs is at
  the Ministry for Industry, Employment and Communications,
  Jakobsgatan 26, SE-103 33 Stockholm, Sweden
  
  Tel +46 8 405 10 00
  
  Fax+46 8 411 36 16