Sweden's consent law: A new standard for sexual offences

In July 2018, Sweden enacted the samtyckeslagen (Consent Law), a legal reform that shifted the definition of rape and sexual offences to focus on the absence of consent. Under this law, all sexual acts require clear and active consent from both parts involved. If consent is not given, the act is considered a crime, regardless of whether there was force or violence involved. 

Consent must be explicit and active from both parts

The law’s emphasis on consent reflects a cultural shift, demanding clearer communication and fostering greater accountability. The consent law emphasises that consent must be voluntary and explicit. Silence or passivity does not count as consent, and consent must be continuous throughout the encounter. Importantly, this law applies even in situations where the individuals know each other well or are in a relationship. The burden of ensuring consent falls on both parts involved in the act. 

The law was born out of growing frustrations with the limitations of previous laws, which focused on proving violence or threats in rape cases. Despite the rise in reported rapes the convictions remained low. Many victims were legally unprotected. The #MeToo and women’s movement push for better protection of sexual violence victims helped drive the reform, making Sweden one of the pioneers of consent-based legal frameworks after Ireland and Great Britain.

The number of reported cases of rapes has increased

Since the law’s introduction, there has been an increase in the number of reported cases of rapes. In 2017 there was 7,369, compared to 2018 when there was 8,581, and in 2023 there was 9,294 reported cases of rape to the Police. This may indicate increased confidence in the judicial system among victims of rape, knowing that the legal definition of rape now focuses on consent, not just proving violence. However, proving the absence of consent in court remains a great challenge.

Beyond the legal sphere, the law has had a cultural impact. Schools have integrated more comprehensive sex education focused on communication and consent, helping to foster a new standard for sexual ethics in Sweden.

Sweden inspires other countries

The consent law has inspired other countries to rethink their sexual offence legislation. Denmark passed a similar law in 2021, and discussions are underway in other European countries to adopt consent-based frameworks, in order to shift responsibility from the victim to the perpetrator.