Reinvestigating the Sexual Violence “Justice Gap” in the Swedish Criminal Justice System: Victim-Centered Alternatives to the Criminal Trial

• Author: Caitlin P. Carroll
• DOI: http://doi.org/10.1177/15570851221077673
• Published date: 01 January 2023
• Date: 01 January 2023
• Subject Matter: Articles

Article

Feminist Criminology

2023, Vol. 18(1) 45–64

© The Author(s) 2022

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DOI: 10.1177/15570851221077673

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Reinvestigating the Sexual

Violence “Justice Gap”in the

Swedish Criminal Justice

System: Victim-Centered

Alternatives to the Criminal

Trial

Caitlin P. Carroll

1



Abstract

The high rate of attrition in the processing of sexual violence cases within the criminal

justice system has been framed as a “justice gap,”an institutional failure to get justice for

victim-survivors. In this article, I analyze the processing of rape cases in the Swedish

criminal justice system, one with a particularly high attrition rate. Drawing upon in-

terviews with criminal justice professionals, I illuminate the inadequacy of the justice

gap as a measure of victim-centered justice. Through policy reforms, the Swedish

criminal justice system has instituted victim-centered practices that offer victim-

survivors alternative forms of justice without increasing the prosecution rate.

Keywords

justice gap, rape reporting, legal issues, f‌inancial compensation, sexual assault, justice

interests, victim services

1

Sociology, The University of Texas at Austin, TX, USA

Corresponding Author:

Caitlin P. Carroll, Sociology, The University of Texas at Austin, 305E 23rd St, A1700 RLP 3.306, Austin, TX

78712, USA.

Email: caitlin_carroll@utexas.edu

Introduction

Feminists often criticize the system of criminal prosecution of sexual violence by

pointing to the “justice gap,”or the disparity between the number of reported cases of

sexual assault and the low rate of prosecution and conviction (Krah´

e, 2016;Temkin &

Krah´

e, 2008). Many argue that a high rate of attrition is an institutional failure to get

justice for rape victims (Alderden & Ullman, 2012;Jehle, 2012;Jordan, 2011;Kelly

et al., 2005;Lovett & Kelly, 2009;Munro & Kelly,2009 ). Sweden has an exceptionally

large justice gap, which is surprising considering the Swedish government’s policy

commitments to combatting gender-based violence and promoting gender equality

(Freidenvall, 2015;Government Off‌ices of Sweden, 2019,Government Off‌ices of

Sweden, 2020). A high percentage of cases in the Swedish criminal justice system are

dropped during the investigatory process or are not taken to trial, a reality that has been

framed as lamentable in a country dedicated to gender equality (Holmberg &

Lewenhagen, 2020b).

What are the causes and consequences of the high attrition rate in the Swedish

criminal justice system? In this article, I examine the justice gap in Sweden through an

institutional perspective. I use Sweden as a case, a country with a “feminist gov-

ernment”that has been known for high levels of gender equality and a state com-

mitment to promoting women’s rights (Government Off‌ices of Sweden, 2019). This

article is based on interviews I conducted with criminal justice and other professionals

who work with rape victims, individuals who Martin (2005) refers to as “rape workers.”

While Sweden does have a high rate of attrition in rape cases, I posit that prosecution

and conviction rates might not necessarily ref‌lect how successful a criminal justice

system is at providing justice for victim-survivors of rape. Rather, I reframe the concept

of the justice gap to account for victim-centered policy reforms within the criminal

justice system and to encompass more than simply the rate of attrition. By examining

the statistics on reported rapes and criminal justice practices in Sweden, I illuminate

how the justice gap is an inadequate concept to measure the eff‌icacy and responsiveness

of a criminal justice system to the needs of victim-survivors. Rather, feminist crim-

inologists should consider the role of victim-centered policies and practices that may

encourage reporting but do not increase the rate of prosecution—potentially widening

the justice gap but not always ref‌lecting a failure of an institution to serve the needs of

victim-survivors.

Sexual Violence and the Criminal Justice System

Despite signif‌icant worldwide legal and policy reforms in the past 50 years, substantial

challenges remain in f‌inding justice for rape victim-survivors within the criminal justice

system (Antonsdóttir, 2018;Corrigan, 2013;Herman, 2005;Jordan, 2011;White &

McMillan, 2021). As almost a matter of institutional routine, victim-survivors are often

dismissed, discounted, and disempowered (Martin, 2005;Taylor & Norma, 2012;

Walker et al., 2020). Cases are dropped and labeled “unfounded,”particularly based

46 Feminist Criminology 18(1)