Om erotik, makt och sexualbrottens sexualitet

In this chapter I examine the concept of sexual offenses in Swedish criminal law: How is the sexuality of sexual offenses constructed? The material analyzed consists of preparatory works and case law on sexual offenses. Inspired by law professor Katherine M. Franke, the analysis is theoretically grounded in two diverse understandings of sexuality: Sexuality as erotic and sexuality as a dense transfer point for relations of power. In the article I argue that the sexuality of sexual offenses – such as it is constructed in Swedish criminal law on sexual offences – reflects an image of sexuality as pleasurable and mutual. Hence, it is a sexuality created as erotic. Further, a consequence of this construction of sexuality is discussed in the article, namely that sexuality as erotic renders invisible the many different ways in which sexuality is used as a tool in relations of power. Finally, different theoretical understandings of the relation between gender and sexual violations in criminal law are shortly discussed.