Women and Justice: Keywords

Domestic Case Law

Case No. B 1041-01 – the Prosecutor v. M.N. Hovrätten över Skåne och Blekinge (Court of Appeal of Skåne and Blekinge) (2002)

Gender discrimination, Sexual violence and rape, Trafficking in persons

M.N. was convicted for attempting to purchase sexual services from a woman, which is a criminal act under Chapter 6 Section 11 and Chapter 23 Section 1 of the Swedish Penal Code. The court considered whether the “attempt point” had been reached, which is a prerequisite for the attempt to be punishable. To constitute a criminal attempt, it is required that the offender begin the crime without reaching its completion. There must also be a risk that the act will lead to the completion of the crime. For purchases of sexual services the attempt point is reached when an offer of payment has been made. Here, the parties agreed to have sex in the woman’s apartment and agreed on the price. M.N. had access to money and they were on their way to the woman’s apartment when the police stopped them. Therefore, the Court ruled that M.N. had begun the crime and that the attempt point had been reached. The Court also found that the danger of completing the crime was imminent. Thus, M.N. was sentenced to 40 daily fines for his attempt to purchase sexual services.