The Ability Of Criminal Law To Produce Gender Equality Analysis

In Monica Burman’s article”The Ability of Criminal Law to Produce Gender Equality: Judicial Discourses in the Swedish Criminal Legal System”, which was published in 2010, several issues concerning regulations and adjudications about women who are exposed to violence in heterosexual relationships are brought to knowledge. The article concentrates on how the victim and the agency of woman are constructed in criminal legal cases and states that a more extensive policy should be established in Sweden to include men’s responsibility for the violence. Despite the endeavours to enhance criminal legal protection for women exposed to violence and to improve gender equality in the Swedish peace reform in 1998, the level of protection and equality tend
Burman explains to have discovered “an innocent victim” and “a less innocent victim” on a discursive level. An innocent victim is frequently referred as defenceless and weak, thus getting full legal protection as an ideal victim. This victim does not take part in any way, but instead surrenders to the man who is seen powerful and superior to the women which tends to lead to a conclusion that the woman could not have done anything. What is described above, is generally the way violence against women in heterosexual relationships is seen in adjudications and in legal discursions. Conversely, a less innocent victim is active and tries to stand up for herself. Burman explains that this type of victim is considered unideal, since she is seen provocative and obviously engaging herself to the conflict. As indicated in the article “… she failed to fulfil the requirement of being innocent.” The less innocent victim is not offered the same legal protection as the innocent victim, because she is regarded to be one reason for the violence at hand. This ideology of victim is visible in the adjudications even after the Swedish Woman’s Peace reform and should not be acceptable, argues Burman. It is difficult to imagine that full legal protection is not offered, if the victim defends herself and the matter is obviously something that needs to be discussed in a deeper
Even though laws are written in an equal tone and with regard to all aspects of gender equality and legal protection, there seems to be some kind of divergence in the adjudications compared to written law. As stated in the article, using criminal law to produce gender equality might have not worked as planned, but it definitely enhances the situation as the problem is now more visible. There may not be one or even two resolutions to the problem, but I think judges’ input and activity in ruling could be profitable. Judges have to follow guidelines that previous judgements have created, and I think this might cause hindrance in the judging process, as judges cannot rule as they will. Nevertheless, it is the only way to improve the position of a victim in the cases of sexual violence against women, since the law has already been adapted to be gender equal. Therefore, in my opinion it is up to judges, especially supreme court judges, to be active and change the course of the judgements, little by