Abstract
In recent years the concept of rape has been frequently discussed in Iceland. The chapter on sexual offences in the Icelandic General Penal Code (GPC) was revised in its entirety in 1992 and 2007, and important amendments were made on the provision on rape, section 194 of the GPC. The amendments in 2007 included a new, broad definition of the concept of rape, which was intended to cover all incidents where sexual intercourse or other sexual relations were performed against the victim’s will. In 2018 amendments were made on section 194 on rape, where the word “consent” was included in the provision. This does not constitute a substantive change since lack of consent was already an underlying element of the provision due to the amendments in 2007. The article addresses the academic discussion and societal views that were the precursor of these amendments, evaluates the current provision and discusses whether further amendments are needed.
Highlights
The attention centred on how few guilty verdicts there were, as well as the lenient punishments, but in recent years attention has turned to the concept of rape and how the crime of rape should be defined in the law
In the 80 years that have passed since the General Penal Code (GPC) came into force, chapter XXII has been revised in its entirety two times, in 1992 and 2007, and it is the only chapter in the GPC that has been subjected to such revision
The explanations above reveal that with the amendments of the law in 2007, less emphasis was on the means of the offence, but rather whether sexual intercourse had occurred without the victim consenting to it, even though the concept of rape was not defined by the lack of consent in itself.[60]
Summary
The attention centred on how few guilty verdicts there were, as well as the lenient punishments, but in recent years attention has turned to the concept of rape and how the crime of rape should be defined in the law. This discussion has taken place in the Icelandic Parliament (Althingi), in the courts’ interpretations on the law, among scholars, and the public.
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