Debate, Politics | Norway needs a real consent law which confirms that sexual intercourse without consent is rape

When one out of five women in Norway have been raped, so we must realize that rape is a major social problem. We are now in an exciting historical moment when it comes to fighting rape in Norway.

As a woman I often think about what it must have been like to fight for the first issues of the women’s movement, such as the right to vote, the right to work, the right to many things that men had long taken for granted. The fight for women, and for others, now continues with the Consent Act. The commitment we see through demonstrations, debates and signature campaigns shows that people are ready to take that fight.

The Criminal Code Council has submitted a proposal for a new rape provision because the current rape provision does not go far enough in protecting the right to sexual self-determination. That is probably an important realization. But unfortunately, the Criminal Code Council says that sleeping with a person who is completely passive, for example because he is drunk or just very scared and has “frozen”, should not be punished as rape.

The Criminal Code Council provides therefore the requirement that the person subjected to an assault must express reluctance before it can be considered rape. According to the Criminal Justice Council’s proposal, anyone is allowed to have sex with you until you say no or physically resist.

The bill fits not with what we know from research. A Swedish study from 2017 found that 70 percent of raped women report a significant degree of tonic immobility, meaning that the body “freezes” and makes you involuntarily passive, while 48 percent report extreme tonic immobility during the assault.

If one high percentage of those who experience rape react with tonic immobility and “freeze”, so a law that excludes cases of passivity will not solve the social problem it is designed to solve. This is just one of many reasons why it is so important to pass a consent law based on voluntary participation – also known as a “yes means yes” law.

Minister of Justice Emilie Mehl recently said in a debate on NRK that the law should be clearer and that the law creates norms in everyday life. Then it becomes even more obvious that Norway needs a real consent law which confirms that sexual intercourse without free consent is rape.

Our Nordics Neighboring countries Finland, Denmark, Iceland and Sweden have all introduced a real consent law. There, the change in the law has been a success, and has, among other things, led to an increase in the number of reports, indictments and convictions for rape. You must of course still have evidence, as in all court cases – the prosecution must prove guilt beyond a reasonable and reasonable doubt. So what is preventing Norway from ensuring rape victims the same legal certainty as in our neighboring countries?

Amnesty and others have pointed out that the right to personal integrity and sexual self-determination means that you are not sexually available until you have expressed consent to sex, and want a real consent law that clearly confirms that sexual intercourse without freely given consent is rape. Amnesty stands for a consent law which says that only yes means yes, and this is finally the moment to get a real consent law in place, also in Norway.

So what Can you do? Contact Minister of Justice Emilie Mehl, say that you want a real consent law. A real consent law which will ensure that all forms of rape can be investigated and punished, which will provide a clear norm in society to ensure that sex is voluntary. Share on social media and use your voice!