NCJ Number
126976
Date Published
1990
Length
12 pages
Annotation
This study compares criminal code revisions pertaining to pornography and sexual violence in Denmark, Sweden, and the Netherlands from 1960 to 1985.
Abstract
In the period of liberalization (1965-1975) in all three countries, the legislative discussions centered on whether harm is likely from the behavior at issue, the effect of criminalization, and whether there should be freedom of choice in sexual relations. The burden was upon those who favored criminalization to show convincing proof that the sexual behaviors and expressions at issue are sufficiently harmful to warrant State intervention. During the second period (1975-1985), there was a shift toward criminalization under the influence of the women's movement and an emphasis on victim protection. An analysis of parliamentary documents in the three countries shows that in both periods and in all three countries, political demands determined the outcome of criminal code revisions; i.e., legislators attempted to reflect public opinion in shaping the legislation. The compromises required to gain passage of the legislation, however, inevitably produced laws whose impact deviated from public expectations. This paper concludes with recommendations to legislators for constructing legislation that deals rationally with social problems. 6-item bibliography