Sweden’s rape law asks one question: did the other person take part of their own free will? Here is what the statute actually says, what it does not require, what changed in 2026 for non-citizens, and where to get help.
When you need this
You have moved to Sweden to study or work, and you want to know where the law draws the line. You come from a country where rape still means force or threats, and you have heard Sweden is different. Something happened on a night out, at a festival or on a date and you are unsure what it was. Or you need care and support after an assault and don’t know where to start.
What the law says
Samtyckeslagen (“the consent law”) is the everyday name for the reform of chapter 6 of the Swedish Penal Code (brottsbalken) that took effect on 1 July 2018. The name is a nickname. The statute itself turns on frivillighet (voluntariness): rape is carrying out vaginal, anal or oral intercourse, or a sexual act comparable to it, “with a person who is not participating voluntarily”.
Before 2018, a rape conviction required violence, threats or exploiting a particularly vulnerable situation. The reform removed that requirement. The question in court is now whether the other person took part of their own free will.
The law also lists situations where participation is never voluntary:
| Situation | Example in the statute |
|---|---|
| Violence or threats | Assault, other violence, threats of a crime, threats to report someone or reveal damaging information |
| Exploited vulnerability | Unconsciousness, sleep, serious fear, intoxication or drugs, illness, injury or mental disorder, when someone improperly exploits it |
| Abused dependence | Seriously abusing that the person depends on the perpetrator |
The legislators’ starting point is that whoever initiates a sexual act is responsible for making sure the other person wants to take part. That duty lasts for the whole encounter, not just the first minute, and a person may change their mind at any point.
What it does not require
The most common myth abroad is that Sweden demands a spoken or written yes. It doesn’t. The statute tells the court to pay particular attention to whether voluntariness was expressed “by words or actions or in some other way”. That is a factor, not a form requirement. Courts have accepted that willingness need not be put into words, and that in an established relationship it can be implied as long as neither person signals otherwise.
The opposite myth is just as wrong. “She didn’t say no” is not a defense. The government rejected the idea that the other person must refuse or resist. The preparatory works say that if the other person is passive or sends mixed signals, it is up to you to find out whether they want to take part. The Swedish Gender Equality Agency puts it plainly: silence or passivity does not count as consent.
Intoxication alone does not make sex illegal either. Two people who are tipsy and both willing are not committing a crime. The “never voluntary” rule applies when someone improperly exploits that intoxication, sleep or fear has put the other person in a särskilt utsatt situation (particularly vulnerable situation). If someone is too drunk to take part knowingly, stop.
Negligent rape
The 2018 reform created two offences most countries do not have: oaktsam våldtäkt (negligent rape) and oaktsamt sexuellt övergrepp (negligent sexual assault). Each carries up to four years in prison. They cover a person who did not know the other was unwilling but was grossly negligent about it. Ordinary carelessness is not enough, and there is no liability if the act is less serious given the circumstances.
In practice, prosecutors rarely charge negligent rape first. Courts reach it when they find intent not proven. Brå, the Swedish National Council for Crime Prevention, counted 26 negligent-rape convictions in 2023, with an average sentence of about ten months. Brå also calls the offence hard to apply consistently, and says the line between intent and gross negligence remains difficult.
The offence ladder
Chapter 6 grades sexual offences by what was done and how serious it was. Penalties have been raised twice since 2018: the rape minimum went from two to three years on 1 August 2022, and the aggravated-rape maximum from ten to twelve years on 1 August 2026.
| Offence (Swedish) | What it covers | Penalty |
|---|---|---|
| Sexual harassment (sexuellt ofredande) | Exposing oneself, or harassing someone in a way that violates their sexual integrity | Fines or up to 2 years |
| Sexual assault (sexuellt övergrepp) | Other sexual acts without voluntary participation | 6 months to 2 years (aggravated 1 to 6 years) |
| Negligent sexual assault / negligent rape | Gross negligence about the other person’s willingness | Up to 4 years |
| Rape, less serious | Rape where the circumstances make it less serious | 6 months to 4 years |
| Rape (våldtäkt) | Intercourse or a comparable act without voluntary participation | 3 to 6 years |
| Aggravated rape (grov våldtäkt) | Especially serious violence or threats, several perpetrators, particular ruthlessness | 5 to 12 years since 1 August 2026 |
Two more lines matter. Sex with a child under 15 is rape of a child regardless of voluntariness, with extra protection for 15 to 17-year-olds against parents, carers and people exploiting their vulnerability. And grabbing or performing a sexual act on someone taken by surprise, for example in a festival crowd, can now be sexual assault or rape rather than mere harassment, if the act is serious enough.
What it means if you are not Swedish
Swedish courts judge every crime committed in Sweden, whatever the nationality of the people involved. Tourists, exchange students and residents are under the same chapter 6. Don’t rely on your home country’s definition: conduct that would be legal there can be a serious crime here.
For non-citizens, a conviction now carries a second consequence. Since 1 September 2026, a foreigner sentenced to anything stricter than a fine shall, as a main rule, be expelled if the reasons for expulsion outweigh those against. The earlier extra requirement of a penalty value of at least six months is gone, and re-entry bans are longer. EU and EEA citizens and their family members can be expelled only on grounds of public order or security. A rape conviction, with its three-year minimum, always passes that threshold; the court then weighs the reasons.
If you are accused, you are entitled to a defense lawyer: speak to one before any police interview. This page explains the law; it is not legal advice.
How the law works in court
Brå’s 2025 follow-up gives the clearest picture of the law in use:
- More cases reach court. Prosecutions almost doubled, from 236 in 2017 to 455 in 2020.
- Most reports still end without charges. About 90 percent of rape reports lead to no prosecution.
- “New” cases now convict at the old rate. In 2023, 78 percent of judgments in cases without violence or exploited vulnerability were convictions, up from just over half in 2019.
- Sentences are longer. The average for rape rose from 26.5 months in 2019 to 37 months in 2023.
- Most cases involve people who know each other. About half of the “new” cases involve acquaintances and a similar share people in a close relationship, often after a party.
Courts apply the rule between partners and between people who had consensual sex earlier the same night. Starting a sexual act with someone who is asleep is a typical case.
If something has happened to you
- Get safe. Call 112 if you are in danger.
- Seek care quickly. In Stockholm, Södersjukhuset’s Akutmottagning för våldtagna (emergency clinic for rape victims) is open 24 hours and free, for women, men and trans people aged 13 and over, including people passing through Stockholm County. Call 08-123 646 70 before coming. It secures samples up to seven days after an assault and sees patients up to a month after. Elsewhere, go to a hospital emergency department (akutmottagning).
- You don’t have to report first. Care does not require a police report, and the Stockholm clinic stores evidence for two years if you have not reported.
- Talk to someone. Kvinnofridslinjen on 116 016 is free, anonymous and open 24 hours for anyone exposed to sexual violence, with interpreters on the phone. It can only be phoned from within Sweden. Men and boys can also call Stödlinjen för män on 020-80 80 80, also 24 hours. Brottsofferjouren on 116 006 helps any crime victim in office hours.
- Report when you are ready. Visitors report by phone on 114 14 (+46 77 114 14 00 from a foreign phone) or at a police station; sexual offences are phone-or-station reports for everyone. Our guide to reporting a crime as a visitor covers the steps.
For emergency contraception and STI testing afterwards, see sexual health in Sweden.
Practical information
| Item | Detail |
|---|---|
| Legal test | Voluntary participation (BrB 6 kap. 1 §), since 1 July 2018 |
| Rape | 3 to 6 years in prison; no fine option |
| Aggravated rape | 5 to 12 years (since 1 August 2026) |
| Negligent rape | Up to 4 years |
| Expulsion threshold for non-citizens | Any sentence stricter than a fine (since 1 September 2026) |
| Emergency | 112 |
| Police, non-urgent | 114 14; +46 77 114 14 00 from a foreign phone; no fee |
| Kvinnofridslinjen | 116 016, 24 hours, free and not on the phone bill (checked 2026-10-14) |
| Stödlinjen för män | 020-80 80 80, 24 hours |
| Södersjukhuset rape clinic | 24 hours, free, call 08-123 646 70 first (checked 2026-10-14) |
FAQ
What is Sweden’s consent law?
It is the 2018 reform of the Penal Code that defines rape as intercourse, or a comparable sexual act, with someone who is not participating voluntarily. Violence or threats are no longer required. It also created negligent rape, for someone grossly negligent about the other person’s willingness. The law took effect on 1 July 2018 and applies to everyone in Sweden.
Do you need a verbal or written yes under Swedish law?
No. The law sets no form requirement. Courts look at whether voluntariness was expressed in words, actions or some other way, and at all the circumstances. What the law does demand is that you make sure the other person wants to take part, especially if they are passive or the signals are unclear, and that duty lasts the whole time.
What is negligent rape in Sweden?
Oaktsam våldtäkt is rape committed by someone who did not know the other person was unwilling but was grossly negligent about it, for example by ignoring clear signs. It carries up to four years in prison. Brå found 26 convictions in 2023, with an average sentence of about ten months, and calls the offence hard to apply consistently.
Does the consent law apply to tourists and foreigners?
Yes. Swedish courts judge crimes committed in Sweden regardless of the nationality of the people involved. Since 1 September 2026, a foreign citizen sentenced to anything stricter than a fine can, as a main rule, also be expelled from Sweden. EU and EEA citizens can be expelled only on grounds of public order or security.
Is it rape if both people were drunk?
Not automatically. The law says participation is never voluntary when someone improperly exploits that the other person is in a particularly vulnerable situation, for example because of heavy intoxication or sleep. Two people who are tipsy and both willing are not committing a crime. If someone is too drunk to take part knowingly, stop.
What should I do if I have been sexually assaulted in Sweden?
Get safe and call 112 if you are in danger. Seek care quickly, since samples are best secured within days: in Stockholm, Södersjukhuset’s 24-hour clinic is free and needs no police report; elsewhere, go to a hospital emergency department. Kvinnofridslinjen on 116 016 is free, anonymous and open 24 hours. You can decide about reporting later.
Did Sweden change its rape law in 2026?
Yes, in two ways. From 1 August 2026 the maximum sentence for aggravated rape rose from ten to twelve years. From 1 September 2026, expulsion of non-citizens can follow any sentence stricter than a fine. The consent rule itself, and the three-year minimum for rape in force since August 2022, are unchanged.
Related guides
- Reporting a crime as a visitor — phone, station and what happens to your case
- Crisis helplines in Sweden — which lines answer in English and work from a foreign SIM
- Solo female travel in Sweden — the wider safety picture around this law
- Is Sweden safe? — honest crime figures for visitors
- Swedish laws tourists break without knowing — the other rules that surprise visitors
Facts verified 2026-10-14. Sources: Sveriges riksdag (Brottsbalken 1962:700, Utlänningslagen 2005:716, SFS 2018:618, 2022:1043, 2026:1318, 2026:1259, Prop. 2017/18:177, Prop. 2025/26:235), Brå, Jämställdhetsmyndigheten, Nationellt centrum för kvinnofrid, Region Stockholm via 1177 and Polismyndigheten — full register in this topic’s source file. This is general information, not legal advice. Found something outdated? Tell us and we’ll fix it.