Sweden

The basic importance of consent 1 is – in Sweden as in most other jurisdictions – explained by the volenti non fi t injuria maxim (to a willing person no harm is done). 2 This principle is of importance at many different levels of the criminal law system: at the level of criminalisation (as a reason for not criminalising), at the level of application or interpretation of proscriptions (many proscriptions contain implicit or explicit references to non-consent) and as a reason for justifying otherwise criminal behaviour. Behind the principle lies an (essentially liberal) idea of self-determination: the individual has the right to dispose of his or her own interests. It is clear that the state does not leave everything in the hands of the individual. Therefore, in addition to the consent given by the individual, two additional ‘yes’s’ have to be added if consent is to be of relevance in a criminal law context. 3

First, in order for the consent to make a difference, it must be considered an expression of self-determination. This means that the law will deny the effect of ‘consent’ given under certain circumstances; for example a ‘yes’ given under threat or under the influence of deception will not constitute valid consent. See, for example, sections 1.2 . and 1.5 . below.