Straf for frivillige seksuelle forhold – en arv fra Reformationen?
In a newer debate on the criminalization of incest in Denmark, Vagn Greve has argued that the criminalization of consensual sexual relations between adults can be contributed to the German reformer Martin Luther. This article has investigated the impact of the reformation on the sexual offenses with...
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| Format: | Article |
| Language: | Danish |
| Published: |
De Nordiske Kriminalistforeninger
2017-02-01
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| Series: | Nordisk Tidsskrift for Kriminalvidenskab |
| Online Access: | https://tidsskrift.dk/NTfK/article/view/115002 |
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| Summary: | In a newer debate on the criminalization of incest in Denmark, Vagn Greve has
argued that the criminalization of consensual sexual relations between adults can
be contributed to the German reformer Martin Luther. This article has investigated
the impact of the reformation on the sexual offenses with emphasis on their
definition and punishment and the question of jurisdiction. The criminalization of
consensual sex was not a new phenomenon after the Reformation. Before the
Reformation the sexual offences were primarily dealt with by the Catholic
Church through its system of penance and its judicial system. After the Reformation
the jurisdiction was transferred to the secular authority. For the sexual
offences the period 1536-1683 must be viewed as a process. During this period
they were incorporated into the secular criminal law culminating with the promulgation
of Danske Lov 1683. The following period has to a large extent lead to
the decriminalization of the sexual offences. In conclusion, the criminalization of
the sexual offences cannot be contributed to the Reformation. It is, however, a
legacy of the Reformation that the state assumed the responsibility to punish the
sexual offences. |
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| ISSN: | 2446-3051 |