OSLO, June 6 (Reuters) - Norway strengthened its rape laws on Friday by criminalising sex without explicit consent, joining a growing list of countries to widen the definition of sexual attacks. Up to now, prosecutors have had to show that an attacker used violence or threatening behaviour, or had sexual intercourse with someone who was unable to resist, to secure a conviction for rape.
Under the new law passed by parliament, anyone who has sex with someone who has not consented to it by word or deed could be convicted of rape, even without violence. Sweden, Denmark, Finland and Iceland have all introduced consent-based rape laws in recent years. Sweden changed the legal definition of rape in 2018 to sex without consent - a change that officials said resulted in a 75% rise in rape convictions. Denmark followed in 2020 by passing a law that widened the circumstances that could constitute rape.
That does nothing for withdrawn consent or limited consent. This means once you sign, anything goes, and your ability to claim otherwise it’s likely zero.
This is good for the law, but likely enhances retaliatory claims and quells legit claims of withdrawn consent. On the other side it makes positive kit tests with no consent document a slam dunk.
You’re right. You can’t issue a blank check. Or you can’t ever change your mind later on. So having consent in writing is certainly not a good idea.