Stricter view on sexual assaults, fraud against the elderly and crimes with gender as a hate crime motive

Mikael Damsgaard (M)

Mr. Speaker! We are now debating the Committee on Justice's report, *Stricter view on sexual violations, fraud against the elderly and crimes with gender as a hate crime motive*. The report deals partly with a government proposition of the same name, and partly with about twenty motions. I would initially move to approve the committee's proposal in the report, which means approval of the government's proposition and rejection of all motions.

Mr. Speaker! The Government's bill strengthens the protection for the most vulnerable: children, the elderly, and persons who risk being subjected to hate crimes. It toughens the penalties, modernizes the legislation, and shows that the rule of law stands on the side of honest citizens. It is a clear part of the Government's work for a safer Sweden.

In the proposition, it is proposed, among other things, a stricter view on fraud against the elderly. More such crimes shall be judged as gross and result in harsher penalties. Furthermore, the protection against sexual exploitation of children aged 15–18 shall be strengthened, especially when the child's vulnerable situation is exploited. The hate crime legislation is expanded so that it also includes gender as a motive for hate crimes. Additionally, the sexual offense legislation is modernized by expanding the purchase of sexual acts and related crimes to also include acts without physical contact.

Mr. Speaker! We have all heard heartbreaking stories about how elderly people have been subjected to fraud. Sometimes it can involve smaller amounts, but in other cases, it involves entire life savings. Perhaps we have someone in our own circle of acquaintances who has been affected. When we talk about these crimes, it is important to remember that it is not only economic values that the crime victim loses, but also to a large extent the sense of security and trust in the surrounding society.

The frauds occur through various contacts, for example phone calls where fraudsters claim to be calling from the bank or the police. They can even pretend to be their children or grandchildren. In that way, they trick the elderly person into disclosing account details or transferring money. Crimes are often committed remotely via telephone or the internet and are characterized by a high degree of systematicity and cunning on the part of the perpetrators.

The police report that this form of fraud crime has become a lucrative business for criminal networks, with large profits and a low risk of being caught. It is completely unacceptable that the elderly and others who are particularly vulnerable are deceived out of their savings by perpetrators who ruthlessly exploit their vulnerability and trust.

Mr. Speaker! In addition to the personal suffering of the victims, these crimes mean that the criminal economy is fertilized. The Government wants to both safeguard the security of the elderly and choke off an important source of income for criminal gangs. The work to counter fraud is taking place on several fronts. The Government has a close dialogue with the banks regarding their work to counter and complicate fraud. The Police Authority, the Economic Crime Authority, and the Swedish Tax Agency are now establishing a financial intelligence center for operational crime-preventing cooperation between the authorities and private actors, for example, banks.

In this bill, the government proposes that new qualification grounds be introduced for aggravated fraud and aggravated unauthorized possession of payment instruments. It is proposed that it shall be particularly considered whether the perpetrator has in a ruthless manner exploited the victim's defenseless or vulnerable position when assessing whether a fraud is aggravated. The result will be that more cases of fraud against the elderly will in the future be assessed as aggravated crimes with higher sentencing scales.

Why is this important? Previously, many fraud cases against the elderly have fallen into the category of normal-degree crimes, with relatively milder penalties, even though they have been committed ruthlessly and sometimes by gangs that systematically call around to pensioners. By incorporating these aggravating circumstances into the law, we strengthen the criminal law protection for the elderly and others who are vulnerable. The courts will be obliged to weigh in whether the victim was exploited in a ruthless manner or if the crime was part of organized crime, which means that more crimes qualify as gross with imprisonment of up to six years. This provides a stricter penalty that better corresponds to the seriousness of the crimes.

Mr. Speaker! The bill also proposes a strengthened criminal law protection for children aged 15–18 against sexual exploitation. The new provision expands the punishable area for rape of children and sexual assault against children. If the perpetrator improperly exploits that a child under 18, due to mental illness, disability, abuse, or dependence on the perpetrator's authority, or otherwise with regard to the circumstances, has a diminished ability to protect their sexual integrity, it shall henceforth be judged as rape of children or sexual assault against children. In other words, these cases are equated with other cases of child rape. It is a clear marking that it is just as serious to exploit a child's vulnerable state as it is to use violence or threats.

Through the legislative change, for example, a teacher, coach, or other adult in a position of authority who induces a 16-year-old with mental ill-health to engage in sexual acts can be convicted of aggravated rape of a child. It sends a strong signal and gives the justice system better tools to prosecute these perpetrators.

Mr. Speaker! Today, the hate crime legislation explicitly protects ethnicity, religion, sexual orientation, and gender identity, but not biological sex. The Government proposes that sex also be added as a basis for aggravated punishment in hate crimes. This means that if someone commits a crime, for example assault or unlawful threat, with the motive of hating women or men solely because they are women or men, it shall be seen as an aggravating circumstance just as in the case of, for example, racist motives. This is an important milestone for equality.

Finally, the legislation against prostitution and sexual exploitation is tightened. The criminal designation of purchase of sexual service is replaced by purchase of sexual act, and the criminal scope is expanded to also include purchase of sexual acts performed at a distance, for example via webcam or live streaming, in cases where the buyer directs the act. The principle is that what is illegal in real life also becomes illegal online.

Mr. Speaker! In summary, several measures in several areas are proposed in the bill now being debated. What is common to the various proposals, however, is that they all in different ways strengthen the safety and position of vulnerable persons.

The speech at riksdagen.se, in Swedish (opens in a new tab)

Sanna Backeskog (S)

Mr. Speaker! Today is an important and long-awaited day, because today we debate – and tomorrow the Riksdag will vote on – two important bills to better be able to stop and prosecute perpetrators and protect women and children from violence.

Men's violence against women and children is the ultimate proof of an unequal and unjust society. The violence includes physical, psychological, economic, material, and sexual violence, and it is a structural societal and public health problem.

The matter we are dealing with now is a government bill based on the investigation commissioned by the Socialdemokraterna while in government. It contains several legislative changes aimed at strengthening criminal protection against sexual violations, fraud against the elderly, and crimes with a gender-based hate crime motive. This is good, and I welcome the fact that there appears to be broad political consensus on these issues. In my speech in this debate, I therefore want to place special emphasis on our reservations.

Mr. Speaker! I first want to address the proposed penal provisions regarding rape and sexual abuse against children.

Sex that is not voluntary is illegal. This was established by the Riksdag in 2018 through the consent law. At that time, the provisions on rape were tightened, and the threshold for a criminal act was moved so that the perpetrator no longer needs to have used violence or threats to be convicted of rape. Consent is one of the finest words I know, and that the legislation now is based on the principle of voluntariness is a large and important step in the work for a more equal society.

The special provisions on rape and sexual abuse against children are also very important and complement the general provisions. For criminal liability, it does not matter, unlike what applies for, for example, the crime of rape, whether the child has "participated voluntarily." The legislation is therefore there to protect the child and safeguard their bodily and spiritual integrity, which is incredibly important.

It is always illegal and a serious crime to sexually exploit children. But for children who have turned 15 but are not 18, there is currently a gap in the legislation, something that perpetrators can also exploit. In the investigation that the previous government produced and which this bill is based on, this is exemplified by cases of serious punishment that today fall between the cracks. There are a number of court cases from recent years where it is clear that the perpetrator has exploited children aged 15–17 who have a diminished ability to protect their sexual integrity due to, for example, mental illness, disability, substance abuse, or the perpetrator's authority, but where the perpetrator could not be convicted of a crime.

The current legislative change aims to close these gaps in the legislation. It is important, and we welcome it. To ensure that the legislative changes truly have the intended effect, a follow-up evaluation should be carried out. We urge the government to conduct such an evaluation in 2027, just over one and a half years after the legislation has entered into force.

Mr. Speaker! In the directive to the investigation upon which today's proposition rests, it was included to take a position on whether the crime designations child pornography crime and aggravated child pornography crime should be changed in order to clarify that certain crimes constitute documented sexual abuse against children. The investigation's conclusion was, however, that such a change was associated with difficulties, and it therefore recommended no change to the crime designation. A large number of referral bodies have criticized the investigation's assessment, including Brottsofferjouren, Child X, Ecpat Sverige, the Institute for Human Rights, the Gender Equality Authority, Save the Children, and the Prosecution Authority. The Government states, against the background of these organizations' referral criticism and ongoing EU negotiations, that it intends to return to the Riksdag on the issue.

We Social Democrats believe that words matter, especially for the children who are subjected to this horrific abuse and who deserve redress. Words also matter for all the organizations, our incredibly important civil society, that tirelessly fight for these children, for their right to redress and support, and for their right to be protected from sexual violence and from the documentation and dissemination of the same. The Social Democrats welcome that the government intends to return to the Riksdag on the issue. To ensure that this also happens, the Riksdag should notify the government that so shall be done.

Mr. Speaker! Sex buying is not a matter of voluntary agreements between equal parties. It is linked to prostitution and human trafficking, which are the exploitation of women and the utilization of an uneven power balance between the sexes. In short, it is a brutal expression of inequality. It is a form of expression where power, money, and vulnerability meet.

We Social Democrats once pushed through the Swedish sex purchase law. It is a piece of legislation that establishes that it is the sex buyer and not the one who sells sex who commits a crime. This was a paradigm shift in the view on sex purchase and prostitution. The law has had great significance in reducing demand and marks in a normative way that women's bodies are not for sale.

But society is changing, and so are the forms of sex-buying. Today, trade takes place to an ever greater extent online, via digital platforms that are luxuriously designed – but behind the facade lies a great vulnerability. It is about a digitized prostitution, where the boundaries between pornography and human trafficking are blurred, but where the exploitation and abuses have moved in. Women and girls are induced to sell sexual acts in front of the camera, not infrequently under pressure and coercion or due to economic vulnerability or mental illness.

This is also often a gateway to more severe prostitution and a life characterized by abuse, substance abuse, and poor well-being. It can also have a desensitizing and normalizing effect on the person who commits the sex purchases, as a gateway to more severe sexual exploitation of women and an even more distorted view of women.

It is therefore high time to modernize the legislation and include the purchase of sexual acts that occur digitally, at a distance. The previous government took the initiative on this, and now the current government has submitted a bill to the Riksdag. It is good, but we believe that the legislation can be tightened further.

The government's bill contains loopholes that mean people who subscribe to individual personal accounts, where the content is shared only with subscribers, risk escaping liability. We therefore welcome that the government, just like us, wants to criminalize sexual acts at a distance. Actively and continuously paying a person to upload sex films for a limited specific group shall, we believe, be equated with the purchase of sexual acts at a distance, which are shared only with an individual requester. In practice, it is precisely this that enables digital sex trafficking, and it fuels demand and is a strong gateway for both the vulnerable as well as for those who commit these acts. These sex buyers, who subscribe to a person's filmed sexual acts, shall also not escape liability. Those who provide or advertise the services in Sweden shall be able to be convicted of procuring.

We see how young girls are gradually drawn into a world where boundaries are blurred and sexual abuse is normalized. Reports show how many are forced into strategies to endure and cope: dissociation, drugs, and self-harming behavior. The digital sex industry must be met with the same force as the physical one and with legislation that protects the vulnerable, not the sex buyers.

Consent cannot be bought for money. This is an important equality issue concerning women's freedom, safety, and the right to a life free from violence.

With this, I move for approval of reservation 1.

(Applause)

The speech at riksdagen.se, in Swedish (opens in a new tab)

Ulrika Liljeberg (C)

Mr. Speaker! In recent years, as everyone knows, we have seen a very problematic development regarding safety in Sweden. We see gang crime with shootings and explosions. We see trafficking of labor, weapons, and drugs. We see fraud against the elderly and against the welfare system. These are serious crimes. Much good has been done to combat them, but much more needs to be done.

But today, the focus lies on other and equally serious areas that also have no place in our society: sexual assaults and violations, frauds where one ruthlessly exploits the victims' defenseless or vulnerable position, and crimes with gender as a hate crime motive.

When we talk about gang crime, we often talk about vulnerable areas. But I want to remind once again that when it comes to sexual offenses, men's violence against women, violence against children, fraud crimes, and robbery, the whole of Sweden is a vulnerable area. In those cases, it is not streets and squares that are the crime scene, but it is most often in the home or on the internet that the crimes occur.

I therefore want to once again emphasize the need for a present and accessible police force throughout the country and also on the internet in order to be able to prevent crime and protect those affected by crime. More uniformed police officers on the streets and squares – yes, absolutely! But we also want to see more police at the crime scenes at home and in cyberspace.

Mr. Speaker! The Centre Party has no reservation to today's report, and I move for approval of the committee's proposal. The motions we had regarding gender as a basis for increased penalties are included as welcome proposals in the bill. It is, in fact, a welcome basis for increased penalties in an increasingly polarized world, where women as a group are subjected to enormous hatred, threats, and violence simply because they are women.

I would like to both refer to and recommend my colleague Helena Vilhelmssons' contribution later in this debate.

I want to bring up a group that is rarely highlighted within criminal law or criminal policy but is often hit hard within this and many other areas, namely persons with disabilities. In the title of the report, one of the proposals is mentioned as "fraud against the elderly," but what is intended for a fraud to be considered aggravated is that the perpetrator has in a ruthless manner exploited the victim's defenseless or vulnerable position. Nothing is therefore stated about the elderly in the legal text, but it does refer to age, which can also imply a vulnerability. However, it is also about defenselessness due to illness and disability.

We must, however, simultaneously remember that the elderly are not by definition vulnerable or defenseless, even if age can imply a form of vulnerability. In that case, it is important that fraud against the elderly becomes punishable to a greater extent.

We have all heard stories of ruthless criminals who have deceived the elderly, sometimes of everything they own. But it is important that we always remember that the rules also apply to persons who are vulnerable and exposed due to illness or disability.

I do not want to grade or relativize crime victims, but we know that people with neuropsychiatric or psychiatric diagnoses and perhaps above all people with intellectual disabilities are more vulnerable, and girls and women are an extra vulnerable part of that group.

In the part of today's report concerning sexual offenses, the vulnerability of girls and women with disabilities when it comes to being exploited both physically, mentally, and economically is also emphasized. This is incredibly important. A clearer basis for increased penalties regarding persons with disabilities would have been welcome, but we shall return to that.

Knowledge and insights are also needed regarding how these groups function as crime victims. The lack of public awareness in that regard can become a double punishment – on one hand, one has a disability, and on the other, one is more vulnerable when it comes to being subjected to crime. Furthermore, the justice system may not always have the right resources or competence to investigate and prosecute the crimes that these individuals have been subjected to.

Today's proposals for decisions are, as said, welcome. But we here in the Swedish Riksdag and all of public Sweden need to continue the work of providing protection to those who need our protection the most.

I conclude by once again moving for the approval of the committee's proposal.

(Applause)

The speech at riksdagen.se, in Swedish (opens in a new tab)

Pontus Andersson Garpvall (SD)

Mr. Speaker! Today we are debating the Committee on Justice's report 2024/25:JuU30 Stricter view on sexual violations, fraud against the elderly and crimes with gender as a hate crime motive. The proposals in the bill aim to strengthen the criminal law protection against sexual violations, fraud against the elderly and crimes with gender as a hate crime motive.

Let me begin by starting with the part that deals with the criminal area of rape of a child and sexual abuse of a child. There, the new legislation means that the criminal area is expanded. A child's ability to protect their sexual integrity can be limited due to, among other things, mental illness, disability, substance abuse, and the perpetrator's authority. Carrying out a sexual act against a child in such a situation can constitute a serious violation, even if the child has reached the age for sexual self-determination. Therefore, the criminal protection for children needs to be strengthened in these cases. The changes also mean that it will be possible to convict for exploitation of a child through purchase of a sexual act in more cases than today.

Furthermore, the changes also mean that gender shall be included in the Penal Code's sentencing rule for crimes with hate crime motives, as an increase in crimes with hate crime motives against women, among others, is observed. New grounds for qualification are also introduced for aggravated fraud and aggravated unauthorized use of payment instruments. It is a new ground for qualification which means that when assessing whether the crime is aggravated, consideration shall be given to whether the perpetrator has in a ruthless manner exploited the victim's defenseless or vulnerable position.

The Government also proposes that a qualification ground be added to the provisions on aggravated fraud, aimed at whether the act has been part of a crime committed in an organized or systematic form. By having these grounds for increased penalties expressed in the legal text, the criminal law protection for the elderly and others who are particularly vulnerable is strengthened. The penalty levels are raised by having more frauds of this type classified as aggravated, which reflects the seriousness of that type of crime in a more purposeful way. The changes are important to meet the increased problems, not least frauds against the elderly.

The most rewritten and debated part of the report, however, concerns the criminalization of the purchase of sexual acts at a distance, that is, without physical contact, for example from home through a webcam.

Let me first point out that the question of criminalizing certain parts of the activities found on sites such as OnlyFans is not a simple question, not least ideologically. In my case, one hovers between the classically liberal view that every person has the right to do what they want with their body and the more conservative stance that one needs to protect people from suffering harm through laws.

In Sweden, we have, for example, a mandate on the use of seatbelts even though the only person affected if a collision were to occur is the person who chose not to wear a seatbelt. We have laws that prohibit the use of drugs and doping even though those affected by the side effects are primarily the individuals themselves.

Among the creators on, for example, Onlyfans, there are cases where people are forced to sell material. There are cases where the people in question are so vulnerable that they feel it is their only choice. There are cases where the people do it of their own free will but perhaps have traumas from childhood or earlier in life that cause them to choose to sell material. There are also cases where people choose to sell material completely voluntarily.

From our side, we have landed on the cautiously conservative position that society needs to protect those who, due to various circumstances in life, have ended up in a situation where they, against their will, due to vulnerability or due to trauma in life, choose to sell material – at the expense of those people who choose to do so of their own free will. It should, however, be said that the question is not simple.

That people who today earn large incomes on, for example, Onlyfans would abruptly stop and thus be left without income just because this type of activity is now going to be prohibited is, however, not entirely unlikely.

The Sweden Democrats therefore have a reservation that it is important to ensure that the proposed legislative changes have the intended effect, as it has been pointed out that a phenomenon that is criminalized can still continue on a smaller scale in the shadows where the vulnerability may be greater, the risk of detection smaller, and the conditions for investigating crimes worse. It is therefore necessary to follow up on this and see if the legislative changes have the intended effect.

I would like to conclude by moving for approval of SD's reservation number 7.

The speech at riksdagen.se, in Swedish (opens in a new tab)

Torsten Elofsson (KD)

Mr. Speaker! The bill we are now debating can be briefly summarized as aiming for strengthened protection for groups that are particularly vulnerable and exposed.

It is about young people under 18 who suffer from mental ill-health, who have a disability or who in other ways have a reduced ability to defend themselves against being sexually exploited. It is about when someone at a distance manages to make someone perform sexual acts. And it is about stricter penalties for fraudsters who ruthlessly exploit the victim's vulnerable and defenseless position.

Regarding young people between the ages of 15 and 17, there are several studies showing that children who suffer from mental illness, who abuse substances, or who have a disability are particularly vulnerable and exposed. Children in that category run a high risk of being sexually exploited. Not infrequently, the young people have a need to finance an addiction. They can then offer or be enticed into sex in exchange for drugs and alcohol. There are several court cases showing that a child's ability to protect their sexual integrity in such cases can be limited.

In that sense, there is a gap in the law today. There are punishable cases where adults exploit vulnerable teenagers aged 15–17. That gap is now being closed through the new legislation, which means that anyone who improperly exploits children under 18 who suffer from mental ill-health or who for other reasons have a diminished ability to protect their sexual integrity can be convicted of rape and sexual assault against children. It is a welcome legislative change that punishes adults who cynically and improperly exploit a child's vulnerability and weak self-esteem, something that further increases the risk of mental ill-health and self-harming behavior.

Mr. Speaker! The report also proposes a criminalization of certain sexual acts performed at a distance, as mentioned here. Digitalization has changed our everyday lives, and the boundaries between our physical existence and community and our digital life are increasingly blurring. Prostitution has also changed, and new avenues of contact are opening up via the internet. Sexual acts online are now a reality. There is therefore a need for legislation that keeps pace with the times.

It must be conceded that, when it comes to the limit of criminal liability for sexual acts that occur digitally and at a distance, there may be some room for interpretation, as the previous speaker pointed out. Fundamental to criminal liability is that it shall refer to that which enables a person to perform or endure a sexual act in exchange for compensation.

It is important that criminal liability for the purchase of sexual acts performed at a distance is limited to cases where it is the perpetrator's actions that are decisive. For liability to be required, it must be that the compensation was a prerequisite for the other person's performance of a sexual act. In other words, a kind of adequate causality is required.

Mr. Speaker! Fraud has increased avalanche-like in recent years, and it has generated large criminal profits. Now, the penalties are being tightened for perpetrators who ruthlessly exploit the victim's defenseless and vulnerable position. It is also aggravated if the crimes were committed systematically or in an organized form.

Every year, 5–6 billion kronor disappear into the pockets of criminals. Most often, it is elderly and other particularly vulnerable people who are affected. The frauds are many times sophisticated, and the victims are tracked via public information on the internet. For the criminals, it is extremely convenient. One can sit down in sunny Málaga and search for the victims online, where all conceivable information about age, address, telephone numbers, relatives, etc., is available. The crime victims are lulled into the belief that they are in contact with their bank and then identify themselves with BankID, which gives access to the victims' bank accounts.

There are now thousands of testimonies from elderly people who have lost their entire savings, money that constituted a security and which they would have had at their age. The insecurity hits hard. One feels anxiety and is struck by anguish and depression. Often, those affected carry thoughts of suicide. They have difficulty living with the shame of having been deprived of all their savings.

Mr. Speaker! I must say that my contempt for these robbers, who target the elderly and other defenseless people, is bottomless. The tightening of penalties that will now take place is welcome. But we must also take measures to prevent and preclude the crimes. Here, the banks have a great responsibility. But further restrictions must also be made regarding personal data online.

Mr. Speaker! I vote in favor of the committee's proposal in the report.

The speech at riksdagen.se, in Swedish (opens in a new tab)

Gudrun Nordborg (V)

Mr. Speaker! I begin by saying that we from the Left Party stand behind the committee report, but I also move for approval of reservation 8.

Much today has revolved around violence against men in various forms. I also think that we can see fraud, as highlighted in this report, as a form of very serious economic violence. I believe it is important that we as legislators take responsibility and decide to take a stand against this and protect those who are particularly vulnerable in the victim position – preferably, they should not become crime victims.

I also think it is extremely important that we dare to discuss more how we can prevent these frauds and how we can limit the effects for those who are still targeted. Here I want to assert that the banks have a great responsibility. Some of them have started to take it by compensating affected persons with certain amounts. They try to post warning texts. But it would be even better if they could also manage to limit sudden, large payments and perform a check. Is this really relevant? It is about delaying payments. Could we reason as we did when it concerned hiding the names of decision-makers when intelligence is sent, as we discussed just now? Can we find more such systems?

Could we have it as it is in England? There, the paying bank covers one half of the loss, and the bank receiving the transfer takes the other half. It is far from always about the entire loss. But these banks can be complicit. That is what I would like to point out. I also want to mark with this that there are some structures here that we should report, use, and attack before we move on to personal responsibility. This is very much about me wanting to limit the victim's personal responsibility.

Other extremely important elements in the report concern vulnerability for serious sexual crimes. An important step is taken here when it is stated that the person who is between 15 and 18 years old should have a stronger protection. If one is under 15 years old, it is rape regardless of whether one "consents" or not; violence does not need to be used. For the group of 15–17-year-olds, it can be very questionable whether the consent is actually valid or if one is so strongly dependent or has such a weak position that it should be assessed as rape or sexual assault against a child. The cases we have touched upon earlier in the rostrum have concerned having a diminished ability to protect one's sexual integrity. Perhaps one pretends to consent or does not understand the difference between signaling no and expressing consent and yes. The proposal is important, obvious, and long-awaited.

Then it is also partly about words and expressions in legal text and in general. Words have a great significance. It is important that we change from "purchase of sexual service" – it sounds like some kind of service – to "purchase of sexual act". This also has the meaning that it will also hit acts that occur online, that is, without physical contact.

I am surely not alone in having been subjected to an email storm from people who want to call themselves sex workers and probably perceive themselves as such. I have been fascinated by some of the reading. They want to make a point: This is my important livelihood. I have no alternative. I have a very broken background. I have not been able to go to school. What should I do now? Then one thinks: But how can you, who have not received any education, formulate yourself so very refinedly?

Something that is common within the "sex industry" becomes apparent here. An actor can have this very subordinate position. Then it is a pimp or organizer at another level who writes advertisements and such emails. If it were the case that a "happy prostitute" exists, as they want to claim, that is not where the problem lies. It lies with all the others who do not have that position. It is a strong subordination and vulnerability that has prompted them to enter a sex market.

I would also like to mention that we have come so far that we have had those who dare to organize themselves accused of being involved in sex trafficking. I am thinking of one of the organizations that arose during metoo: Inte din hora. Young girls described their enormous vulnerability and wanted to take action, and they continue to act very strongly. They state that they do not want purchased rapes. They also take a stand against pornography. Much of what is happening is about the fact that we almost accept purchased rapes.

Why do I then move for approval of reservation 8? Yes, it is because those who have been involved in difficult activities highlight how difficult it can be to defend oneself in relation to an adult when one is in the age category 15–17 years. If one desires a sexual act and pays for it, it in itself involves an exploitation of the child and creates a position of dependency. I believe that we can take a step further in the near future to clarify whether the protection we have now is sufficiently strong or if further tightenings are required. I believe that more is required. The proposals that we are discussing now and deciding on tomorrow are very important, but continuation must follow.

The speech at riksdagen.se, in Swedish (opens in a new tab)

Martin Melin (L)

Mr. Speaker! That a small group thinks something does not have to mean that everyone else thinks so. Is it a right to be prostituted? Is it a right to sell one's body physically or digitally? It is not illegal. We Liberals usually advocate for the individual's right to make their own decisions as long as they do not harm anyone else. But there are restrictions on the individual's free choice and right to live as one wants, even for us Liberals. The happy whore, whom we have heard about here, is often the subject of debates from time to time. Does she or he exist? Yes, it is possible. But it is far from everyone. Through the police profession, I have come into contact with people who have sold their bodies. The fact is that everyone has said that they sell their body to get money and that if they had money, they would not sell their body.

I, just like many others here in the Riksdag, have received angry emails from sex workers who argue that they sell sex of their own free will, that they are doing well, and that the law would take away their livelihood. That may be so. But behind every such email, there is a girl who is not doing well, who is not selling sex of her own free will and who is forced, threatened, and exploited. That must also be taken into account. The law that is now being developed is for her – or him. It is them I think of when I read the government's proposal to also criminalize the purchase of sex at a distance, or as it is stated in the bill: to induce someone to perform a sexual act in exchange for compensation.

Just as in physical prostitution, it is the person who induces someone to do something who is the perpetrator, not the person who performs the sexual act. It will therefore continue to be legal to have an account on, for example, Onlyfans and to post content of a sexual nature there. But they must not be specifically ordered and paid for by someone. The material shall therefore be produced for the public and not for a specific person. Owning one's body and posting sexual content on one's own terms will therefore continue to be legal.

If I look at this bill from a more practical side, I clearly see a challenge for the police when it comes to both detecting the crime and proving the crime. I have a bit of difficulty seeing how it is going to work, but that is something police and prosecutors will have to consider in the future. I can only state that it will be a challenge.

Mr. Speaker! The Government also wants to tighten, or expand, the criminal scope for rape of children and sexual abuse of children so that it can also become relevant if a child under 18 is exploited due to mental illness, disability, substance abuse, or the perpetrator's authority, or if the child in some other way has a diminished ability to protect their sexual integrity. This was timely.

Finally, I want to say that the government is now also presenting a proposal that it shall be punishable to commit hate crimes based on gender. Today, it is a hate crime if the act is committed because of the victim's ethnicity, religion, or sexual orientation. Now the government is adding gender, and that is good. Today we see an increase in sexualized hate rhetoric online, primarily against women. No one shall escape punishment for offending someone because of their gender. This also applies to men.

The speech at riksdagen.se, in Swedish (opens in a new tab)

Sanna Backeskog (S)

Mr. Speaker! Warm thanks, Martin Melin, for a very engaged speech! I think the Liberals have positioned themselves very correctly in the positions the member outlined here. It feels secure.

I have a few questions for the member.

Another person whom I perceive as very engaged in issues concerning prostitution and human trafficking is the former Minister for Equality, Paulina Brandberg. She was brave and dared to go against the Sweden Democrats and their demands regarding lack of integrity and that people who are vulnerable in prostitution should be deported due to lack of integrity.

I did not have time to ask the Sverigedemokratis member if he considers that those who sell sexual acts via, for example, Onlyfans are guilty of a lack of integrity. Now that the legislation will be expanded digitally, I want to ask Martin Melin if he stands behind the former Minister for Equality's clear position that these are not people who are guilty of a lack of integrity, that they should not be deported, and that these are vulnerable people who are in the grip of human traffickers and other criminal actors.

I move on to the next question – I'm going for it! The legislation states that one shall perform or tolerate a sexual act and that it shall be done with the primary purpose that the perpetrator shall participate in or be shown the sexual act. I will return to the question in the next post.

The speech at riksdagen.se, in Swedish (opens in a new tab)

Martin Melin (L)

Mr. Speaker! I thank Sanna Backeskog for the question and the input.

I stand behind Paulina Brandberg's position. A prostitute woman or man is in a vulnerable position and is a victim – even a crime victim. So it shall remain. I have not yet made one hundred percent clear to myself what the definition of prostitution is. What I understand is that this is something being discussed right now. We will see what it lands on, but my and the Liberals' position is that an exploited human being – regardless of in what way they are exploited – shall be considered a crime victim and therefore cannot be deported. That is our position today. Then we will see what the negotiations result in.

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Sanna Backeskog (S)

Mr. Speaker! Thank you, Martin Melin, for the clear position – I appreciate that!

We Social Democrats consider that even those subscribers who are on, for example, Onlyfans must be seen as persons who enable the acts to be performed. One subscribes to a specific person, and thereby confirms that one is willing to pay for that person's sexual acts. It must imply an intent, we argue, when specific subscribers subscribe to a specific person's sexual acts.

I am curious whether this is an issue that the Liberals would like to take forward in their continued work and push against the government and the Sweden Democrats in order to move forward. I cannot see why these actions would be less reprehensible or create less personal vulnerability or less societal harm than if it were a person ordering a sexual digital act.

I also want to emphasize that there is much more to be done regarding prostitution and human trafficking. Part of this concerns cleared crimes in terms of human trafficking. Not a single person was punished for human trafficking during the past year, despite many reports. Here I see that we need an increased tempo from the Swedish Police Authority.

There are also two very important investigations that I hope the government will take further. They are Ut ur utsatthet, regarding exit programs for persons who are subjected to prostitution, and Sexuellt utnyttjande i pornografiska syften – våldsutsatthet som behöver synliggöras. I would like to hear the member reason a bit about what could be the next step from the Liberals' perspective.

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Martin Melin (L)

Mr. Speaker! Now we are actually getting into the discussion about the boundaries between prostitution and pornography. One can ask whether someone who, for example, participates in the recording of a pornographic film does so voluntarily or not. Is pornography just disguised prostitution? It is about boundaries when it comes to what one should call things. Then we also end up in boundaries legally – what should be legal and what should not be legal? Do we want to ban the production of pornography? They tried that in the USA in the early 80s. It didn't work, so they moved away from it. It was, however, actually prohibited for a while in the USA.

We liberals have today no plans to ban the manufacture or production of pornography, but today we look at the individual – it is individual individuals who are harmed. This can occur through human trafficking or by them being exploited for pornographic purposes.

We have today no plans to go further than the government proposal, for example when it concerns sides such as Onlyfans, which are run by a person. When it concerns the person's own productions, which are for the public and are not directed at any specific person and are not paid by any specific person, we say that it is fine – it is okay.

I understand what the member says; it is still about a certain kind of coercion. I understand the reasoning, but today we have no plans to go further than what the government says. This can, however, change.

Finally, I want to say that I absolutely agree that the police must do more against human trafficking. The police officers who work directly or indirectly against prostitution and human trafficking are far too few. One of my friends does this successfully, and I hope that he gets more colleagues in the future.

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Ulrika Westerlund (MP)

Mr. Speaker! The bill we are debating here today contains several important steps towards a just and equal society. That the criminal liability for sexual abuse against children is tightened and that the law is adapted to also include abuse that occurs digitally is crucial for better protecting children, young people, and other vulnerable groups.

That gender is included in the aggravating circumstances rule and becomes a hate crime motive is an issue that Miljöpartiet has pushed for a long time, and that the government is moving forward with such a proposal is an important recognition of the gender-related violence and hate that many, especially women, are subjected to. In this context, we also welcome the changed terminology – "gender-crossing identity and expression" has been changed to "gender identity and gender expression" when it concerns trans people. It is more in line with international terminology and more clearly reflects what the terms denote.

We also view it positively that the government takes a stand against fraud against the elderly and shows that society takes this type of reckless crime seriously.

Together, these proposals constitute important tools to strengthen the protection for the most vulnerable. This is something that Miljöpartiet has long advocated for.

Miljöpartiet welcomes that the government proposes that the person who performs sexual intercourse or another sexual act with a child under 18 and improperly exploits the child, for example due to mental ill-health, disability, or the perpetrator's authority, who has a diminished ability to protect their sexual integrity, shall be able to be convicted of rape of a child or sexual assault against a child.

At the same time, it is of great importance that the legislative change is followed up and evaluated to ensure that it achieves the intended effect. An evaluation should particularly examine how the new provisions are applied in practice and what impact they have on legal certainty and the protection of children and young people. It is also important to analyze whether the justice system is given sufficient tools and sufficient competence to identify situations where children's particular vulnerability is exploited in the manner that the legislation intends to capture.

There is a risk that the legislative change, despite good intentions, will not have full impact if courts and law enforcement agencies do not have a common basis for interpretation and guidance on how the assessment should be made in these complex cases. This position is highlighted by, among others, Child X, the Swedish Police Authority, and Sweden's Women's Organizations. We understand the views expressed by these referral bodies and would therefore have liked to see a systematic evaluation that can contribute to the legislation having an impact and, in the long run, lead to strengthened protection for children against sexual abuse.

Miljöpartiet does not share the government's assessment that the criminal designation for child pornography offenses and serious child pornography offenses should not be changed. In the report that forms the basis for the government's proposal, the assessment was made that there was no legal reason to change the criminal classification. At the same time, the investigation highlighted that there may be other reasons to change the classification and proposed an alternative criminal classification: sexual exploitation of children in images and serious sexual exploitation of children in images. The proposal has received great support from the organizations that have long campaigned for a change of the term, and we share their view. We therefore urge the government to proceed with the investigation's alternative proposal.

Mr. Speaker! The sex purchase law is an important tool for protecting those people who are exploited for sexual purposes. We want, however, to emphasize the importance of the government seeing the whole picture in order to protect and support the vulnerable and not solely focus on tightening the law. We therefore request further proposals for the purpose of strengthening protection, support, and care measures in other ways for those who wish to leave prostitution or who have been subjected to sexual exploitation and human trafficking for sexual purposes.

Already in the preparatory works for the sex purchase act, the importance of social interventions was emphasized and that the criminalization of purchase was only one of the necessary measures to reduce vulnerability. The social interventions have, despite several targeted project investments, not been sufficient over time, and people continue to suffer. The same applies to children and young people who are subjected to commercial sexual exploitation.

One reason why the efforts are insufficient and unevenly distributed across the country may be that there are no mandatory requirements in the Social Services Act or anywhere else that municipalities have a responsibility to allocate funds for work in precisely this area. It is likely that this deficiency leads to the vulnerable not being reached at all, being rendered invisible, or not receiving a proper reception.

To ensure that all vulnerable people receive the support they are entitled to, structural measures are needed. In the Social Services Act, there are paragraphs concerning, among other things, what support people who abuse substances, have disabilities, or are victims of crime are entitled to. Similar provisions could exist for people who receive compensation for sex. The National Board of Health and Welfare could also issue binding regulations and general advice. It must also be ensured that all vulnerable people can receive support regardless of citizenship, gender, age, or other circumstances.

As mentioned in the exchange just now, several investigated proposals on social interventions are on the government's table. The government itself refers to the report Ut ur utsatthet, where specially developed exit programs are proposed for both children and adults who need and want help to leave exploitation in prostitution and sexual exploitation. The programs are about coordinating a number of different interventions over a longer period based on individual needs in order to be able to offer, for example, trauma treatment, different types of care, livelihood opportunities, protection, and housing.

The Government also refers to the second report mentioned, which concerns the experiences of persons who have been sexually exploited for pornographic purposes. It is noted there that this group strongly overlaps with other groups exposed to violence, in particular groups that have been subjected to sexual violence and sexual exploitation. This investigation also presents proposals on how protection, support, and care for those exposed can be improved and how more preventive measures can be directed towards the perpetrators who commit sexual crimes within this context.

The possibility of accessing care and treatment as well as staying in Sweden to be able to participate in any legal proceedings must be equal for Swedish citizens and persons with or without uncertain residence status. Here I touch upon the discussion on conduct, which Miljöpartiet strongly opposes because the risk is great that people will not be able to participate in legal proceedings when they have been subjected to sexual contexts.

If the government intends to ensure coordinated, long-term and effective work to combat prostitution and human trafficking, it is a tip to take the proposals from these two investigations further.

I move for approval of reservation 4, which concerns the naming of child pornography crimes.

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Helena Vilhelmsson (C)

Mr. Speaker! The bill contains many good proposals, and I am genuinely happy today. I would probably have been just as happy if I had personally been present when the Riksdag decided to introduce the sex purchase law. It was brave, as many outsiders criticized the law and were against it.

Over the years it has, however, shown as always, that criminals take other routes to commit the same crime – so also in this case. Sex sales online have become common, normalized and accepted. But it leads to the same type of vulnerability as selling sex physically, and therefore I am glad that we are now taking this step.

I also want to send a few things to the government and the coalition partner.

First, it concerns the status of the complainant. We must protect the vulnerable woman in every way. How is she to be able to participate in securing the criminal buyer if she is not granted status as a complainant with the rights and opportunities that it provides? A reflection period for migrants serves approximately the same purpose. Everyone must be given an opportunity.

Mr. Speaker! Furthermore, it is about the support for the vulnerable. We have a responsibility not only to criminalize the perpetrators but also to support the vulnerable. This was forgotten when the sex purchase law was introduced. When the sex buyer was detained and removed from the street, the woman was left behind. No programs were introduced for this, but many voluntary activities were started to welcome and receive sex sellers.

This must not be repeated. Therefore, it is important that an exit program to leave prostitution is established as soon as possible.

Mr. Speaker! I want to say to everyone who has emailed us that we see and hear you. In Sweden, everyone must be given an opportunity for a life where sex sales are not the only source of income.

We must also take the next step to address the problematic and dangerous situation that prostitutes end up in when they film pornography. For it is two sides of the same coin. Trafficking is common. Women are recruited from Eastern Europe and forced to sell sex or film pornography. Now we have opened the door. How do we address that the women who film pornography are also, to a very large extent, trafficking victims? How the line should be drawn is problematized in the bill, and the discussion must continue and be taken further.

Development has gone such that on sites like Onlyfans, which is not the only one of its kind, creators can create their own material and the customer subscribes. The creator, or the woman standing in front of the camera, decides what she wants to do. But at the moment the subscriber expresses a wish for the woman to do something in a certain way during the sex act on the screen and the woman complies with the subscriber, the subscriber has purchased sex. It is the same situation as when a sex buyer enters a physical room to a prostitute. Nor is there a finished list of what the sex act shall contain then, rather it takes shape as it goes.

The proposition is good, but we must do more. I am pleased that both conservative and liberal parties have landed on the fact that the legislation is needed so that everyone can have it better. The few who would manage without this legislative change are not those who set the norm. The legislation shall be for the purpose of protecting everyone.

I vote in favor of the bill.

(Applause)

The deliberation was hereby concluded.

(A decision was to be taken on 20 May.)

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