Offer, minna och utsatthet. Diskurser om alkohol i våldtäckts- och misshandelsmål

Bibliographic Data

ID12866653
AuthorsMaritha Jacobsson (0009-0001-4610-0950, Umeå University), Stefan Sjöström (0000-0002-4540-5373, Umeå University)
Year2016
Volume37
Issue4
Pages101-124
Publication date2016-12-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueTidskrift för genusvetenskap (JOURNAL)
Journal identifiersISSN: 1654-5443 • E-ISSN: 2001-1377
PublisherAmnesforeningen for genusvetenskap (PUBLISHER)
DOI10.55870/tgv.v37i4.3010
OpenAlexW4281713079
LanguageEN
Citations received1
References cited28

The alcohol consumption of female rape victims is often discussed during rape trials. This has been regarded as an emblematic example of victim blaming and the failures of the legal system in relation to rape. From a feminist perspective it can be seen as an expression of the structural subordination of women in society in general. This article investigates the meanings attached to alcohol in written court decisions in Swedish rape trials (2008-2012). Rape trials are contrasted with assault trials, where the complainants are men. Thirty court decisions from each type of trial are compared, with the same number of guilty and not-guilty verdicts. Quantitative analysis reveals that alcohol consumption is mentioned more often in rape trials, where it also appears more relevant to decision-making. The complainants’ consumption is mentioned four times more often than the defendants’ consumption. In assault decisions, the mentioning of alcohol consumption is distributed roughly equally between the parties. The analysis shows how a large proportion of the alcohol references in both rape trials and assault trials can be regarded as largely irrelevant noise. The remaining alcohol references are understood in terms of five interpretative repertoires: 1) the accuracy of memory on part of witnesses; 2) explanations of seemingly irrational behaviors; 3) vulnerability; 4) getting the victim drunk; and 5) moral character. The latter three interpretive repertoires are more common in rape decisions. As a conclusion, part of the preoccupation with rape victims’ alcohol consumption can be attributed to protectionary strategies, and should thus not be regarded as victim-blaming. However, some assessments appear to build on assumptions that information about alcohol consumption is indicative to moral character that is relevant to court decisions

Alcohol · Alcohol consumption · Computer security · Consumption (sociology · Criminology · Irrational number · Perspective (graphical · Political science · Sociology · Subordination (linguistics · Vulnerability (computing · Philosophy · Psychology · Sexual Assault and Victimization Studies · Social Psychology

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