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Moving the sexual focus from force to consent in assault cases

Stephen Gadd
November 26th, 2018


This article is more than 6 years old.

Demonstrators would like to see a change in Danish rape laws towards consensuality

No should mean no (geralt/pixabay)

Yesterday saw the UN Day for the elimination of violence against women. All over Denmark, a number of groups took advantage of it to demonstrate in favour of better protecting rape victims.

Some 12 organisations including Amnesty Danmark, and women’s organisations Danner and Dansk Kvindesamfund, took to the streets of Aalborg, Odense, Aarhus and Copenhagen to agitate for a consent-based rape law, reports Politiken.

A shared responsibility
“It would help, because the current law says a women is available until she has put up sufficient resistance,” said Helle Jacobsen from Amnesty Danmark.

READ ALSO: SlutWalk to coincide with the burning of witches – the original victims of rape culture

“Instead, with a law involving consent, responsibility would be equally shared between both parties to ensure that sex is consensual,” she added.

She went on to add that “in practice, when you are being assaulted the body freezes, as does the power of speech, so you can’t really protest. It is important that consent is written into law.”

Looking into the matter
Back in November, Enhedslisten submitted a proposal to Parliament to introduce a consent-based system, which the rest of the opposition parties support.

Dansk Folkeparti and Venstre are against the proposal, but the Justice Ministry is looking into how such a law could be formulated.

READ ALSO: Danish rape victims forced to wait months to see psychologist

Figures from the Justice Ministry reveal that more than 5,000 Danish women are subject to rape or attempted rape every year. In 2017 there were 944 rapes reported to the police, but only 94 ended with convictions.

According to Amnesty International, 11 out of the 33 countries it looked at had a law that defines rape as sex without consent. These include Ireland, the UK, Belgium, Cyprus, Germany, Luxembourg, Iceland and Sweden.


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A survey carried out by Megafon for TV2 has found that 71 percent of parents have handed over children to daycare in spite of them being sick.

Moreover, 21 percent of those surveyed admitted to medicating their kids with paracetamol, such as Panodil, before sending them to school.

The FOLA parents’ organisation is shocked by the findings.

“I think it is absolutely crazy. It simply cannot be that a child goes to school sick and plays with lots of other children. Then we are faced with the fact that they will infect the whole institution,” said FOLA chair Signe Nielsen.

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At the Børnehuset daycare institution in Silkeborg a meeting was called where parents were implored not to bring their sick children to school.

At Børnehuset there are fears that parents prefer to pack their kids off with a pill without informing teachers.

“We occasionally have children who that they have had a pill for breakfast,” said headteacher Susanne Bødker. “You might think that it is a Panodil more than a vitamin pill, if it is a child who has just been sick, for example.”

Parents sick and tired
Parents, when confronted, often cite pressure at work as a reason for not being able to stay at home with their children.

Many declare that they simply cannot take another day off, as they are afraid of being fired.

Allan Randrup Thomsen, a professor of virology at KU, has heavily criticised the parents’ actions, describing the current situation as a “vicious circle”.

“It promotes the spread of viruses, and it adds momentum to a cycle where parents are pressured by high levels of sick-leave. If they then choose to send the children to daycare while they are still recovering, they keep the epidemic going in daycares, and this in turn puts a greater burden on the parents.”