The discussion on the process of sexual offences in the Icelandic legal system has been prominent for quite some time, specially on social media. At the same time there has been an awakening in many countries around the world linked to #metoo; aimed at all kinds of sexual harassment and sexual violence. The movement has given a voice to many who have criticised legislation and the legal process in this field, and maintain that the legal system in the western world is not well equipped to deal with these matters. A call for change.
Ragnheiður Bragadóttir, professor at the University of Iceland's Faculty of Law has been working on a study for several years on the legal provisions of the General Penal Code on sexual offences and on the penalties for violations. Ragneiður's research also include an exhaustive description of the Supreme Court's rulings in sexual assault cases in the last few decades..
"The study of statues on rape in Icelandic law is a factor in this research project," says Ragnheiður, "and the research discusses the statutory requirement for rape, sexual abuse, and sexual harassment. Other offence types come into this if they are connected to these offences, such as sexual offences against children."
Ragnheiður says that current law is discussed in comparison with Nordic legislation and rulings, and is furthermore placed in a historical and social context. "Special attention is paid to amendments to the provisions on rape in recent years; whether they have been an improvement or whether further changes are needed."
The aim is not to punish but reduce the number of offences
Ragnheiður says that her findings show that the current legal provisions in Icelandic law on rape are both extensive and modern.
"The penal code, is however, only one part of many in the battle agains sexual violence. The success of legal amendments is also dependent on how public prosecution and the courts interpret the provisions. The part of the study that discusses punishment for rape shows that they are steadily getting more severe. It is important to emphasize that the goal is not the punish as many as possible, but it has to be on reducing the number of rapes, and thus preventing the damages they cause, both for the victims and the perpetrators. Active preventive measures must be in place to reduce the number of sexual offences. I thus believe that strengthening preventive measures and making sure they reach the appropriate target groups should be a priority."
Ragnheiður says that the results of individual parts of the study have already been published in books and journal articles, both in Iceland and abroad.
A course at the Faculty of Law - Violent Crime from Women's Rights Perspective
When asked what inspired the research Ragnheiður points out that 25 years ago there was widespread discussion in society that the laws of the land did not sufficiently protect the victims of sexual crimes, and that the punishments were too lenient. This in many ways reflects the discussion that is still ongoing in society.
"About 25 years ago I was asked to take part in the publication of a book to honour Beth Grothe Nielsen, assistant professor at the University in Arhus and a pioneer in the research of the process of crimes against children in the legal system and the status of victims. Only women wrote about matters concerning women in the book."
Ragnheiður published her research findings on punitive measures in rape cases over a 20 year period, from 1977-96 in this book. "At the same time me and Brynhildur G. Fóvenz, associate professor at the University of Iceland, founded a new subject at the Faculty of Law which we called Violent Crime from Women's Rights' Perspective. The course touches upon offences, most often against women or children; sexual offences and domestic abuse. The topics are analysed from the critical perspective of gender studies and feminist law."
Ragnheiður says that the course not only covered the existing laws, as is most common in law, but also how they should be to fulfil their purpose.
"At that time sexual offences were categorised by methods and only the offences where there was violence or a threat thereof, were considered rape and subject to the most severe penalty of the law Sex with people in a vulnerable position was not considered rape and thus subject to much more lenient penalty. I criticised this and began researching the legal stipulations on sexual offences with a view to change this."
In general my choice of research topics reflects my interest in improving the status of women and children in the courts and thus in society at large."
