UNGA SEXUALFÖRBRYTAREBarn eller brottslingar?: En studie av domstolens konstruktion av barn som begår sexualbrott och motivering av påföljd
Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
The purpose of this study was to gain more knowledge of which discourses dominate the courts’ decisions concerning sentences for young sexual offenders. The issues touched upon were which circumstances the courts find important and which discourses reflect those circumstances when deciding on sentences for young sexual offenders as well as how children that commit crimes are constructed by the court. The study looked at cases of sexual offence where the offender was between 15 and 17 years old, and was based on judgements established at the Stockholm district courts in 2007 and 2008. The method used was content analysis, both manifesto and latent. By using content analysis the information was structured into a manageable basis for the following discourse analysis, which was implemented according to the theory for this study described in King and Piper’s (1995) book How the Law Thinks About Children. Discourse analysis gave an insight into which discourses are most prominent in verdicts against young sexual offenders. The results show that the social services’ recommendations are not given much importance in the courts’ decisions of suitable sentences for young sexual offenders. A majority of the youths were sentenced to criminal punishment such as a youth community order service and a youth detention order. Factors of particular importance in the verdicts are the specifics of the crime, whether or not the offenders understood or should have understood that they were committing a crime, responsibility, age, consent, suitable sentences as well as the credibility and reliability of given statements. The young defendants were constructed by the courts as criminals with regard to the criminal act and the youths’ responsibility for the action. The offenders’ personal and social situation was not given particular importance.
Place, publisher, year, edition, pages
2008. , 41 p.
Young offender, sexual offender, sentence, punishment, care, discourse.
IdentifiersURN: urn:nbn:se:su:diva-26351OAI: oai:DiVA.org:su-26351DiVA: diva2:208722