It has become more common to use sexsomnia as a defense in rape cases in Sweden. Sexsomnia is a scientifically established and recognized variant of sleepwalking. It simply means that the person with sexsomnia engages in involuntary and uncontrolled sexual acts during sleep. To be able to convict someone in a rape case, they have to have been aware of their actions. This means that people who perform uncontrolled movements and actions during their sleep cannot be convicted by law. Another way of looking at it from a criminal law perspective is that the perpetrator lacked intent for the deed. Since intent is a requirement in rape cases, it becomes more difficult to convict when words stand against words.

It becomes even more complicated when current research establishes that individuals can engage in uncontrolled sexual movements and behaviors due to sexsomnia. For example, people with sexsomnia have been able to engage in masturbation, sexual touching and even penetrative intercourse with others without being aware of what they’re doing. It’s during the so-called non-rapid eye movement stage of sleep that these actions usually take place. People with sexsomnia have shown that they’re completely unaware of the sexual acts they perform. And that they completely or partially lack memories of this when they have woken up. This is because there is a partial awakening in the brain. The person sleeps to some extent, but the brain doesn’t store any memories.

Difficult to disprove the lack of intent

Since Swedish law requires a person to have intent in order to be convicted of a sexual crime, it’s up to the prosecutor to prove that the sexual act was committed while awake. However, the prosecutor only needs to prove that objections from the accused are unfounded. When it comes to sexsomnia, prosecutors in several legal cases have used sleep scientists to determine whether the perpetrator could have committed unconscious sexual acts in their sleep.

It’s important to remember that a conviction is difficult to obtain if the perpetrator tends to sleepwalk. For instance if the person showed such tendencies at an early age. Or if the person has previously woken up confused and with memory gaps. And the difficult thing for the prosecutor here is to try and disprove the existence of sexsomnia after the fact.

Sexsomnia complicates for victims of sex crimes

Since there are no Supreme Court cases in Sweden to use as guidance where sexsomnia has been used as an objection, these types of cases are complicated to handle. This risks worsening the victims experience of the crime and the process thereafter. There’s also a risk that potential sex offenders could use sexsomnia as a loophole very early in a criminal process. In addition, there are clear flaws when the court can objectively come to the conclusion that a crime took place, but at the same time can’t sentence the perpetrator to punishment simply because it hasn’t been possible to prove that they had intent. In the end, this mainly affects the victim who doesn’t get justice for the crime they’ve been a subject to.

What can you do if you’re a victim?

If you’ve been the victim of a sexual crime, it’s important to report it, no matter how painful and difficult it may feel. It’s important partly to try and get the perpetrator convicted and because part of preventing sexual crimes is to minimize hidden statistics within sexual crimes. If you’re a victim and need help or advice from a lawyer, you can always turn to Kliently. Get in touch with us through the Kliently app. The app will give you access to Swedish lawyers at any time, wherever you are.

Do you need legal help?

The Swedish police are now allowed to instate stop and search zones for shorter periods. Within the zones, they’re allowed to search people without any criminal suspicion. Previously, the police were only allowed to search people when there was a clear suspicion that the person in question was carrying any sort of weapon. But now, the police have been given greater powers within these specific zones.

The stop and search zones can only be instated by the police if there’s a significant risk that a shooting or explosion could take place in a specific area. The police also have to make the assessment that it’s of particular importance that instating stop and search zones could prevent more shootings and explosions. According to law, these requirements have to be fulfilled in order to instate a stop and search zone.

The stop and search zones can only be instated for a maximum of two weeks. However it’s possible to request that the zone be extended for a longer period of time. The police have the right to search people and search vehicles without criminal suspicion within the zone. They’re also allowed to search children within the zones. When searching, the police are only allowed to do so outside of ones clothes. An example of when the police could instate a stop and search zone is if there have been a shooting or explosion in an area and the police assess that more shootings and explosions could take place as an act of revenge.

What does research about stop and search zones say?

There are no studies that have looked specifically at how stop and search zones affect gang violence and shootings. Although, there is research from England where the conclusion has been that similar scenarios didn’t lead to reduced gang violence. There is some research that shows that it’s effective when the police stop to check people. However, it isn’t possible to say whether that was due to the controls or due to police patrolling the area.

Manne Gerell is an associate professor and university lecturer at Malmö University. He has studied a situation similar to stop and search zones. He looked at areas that the Malmö police had pointed out as areas where they wanted to prevent gang violence. The Malmö police sent officers to check people in those areas. The study showed that crime didn’t decrease, but that the police seized more weapons and more drugs in these areas.

An increased risk of discrimination

There is research that shows that minorities, young people and socio-economically vulnerable people are usually checked by the police to a greater extent. And even if that, to some extent, follows what it looks like in crime statistics, there are also international studies that show that minorities are checked more than their criminality can justify.

Even though the Swedish police say that a certain type of clothing and a certain appearance isn’t enough to stop and search someone, the Swedish Equality Ombudsman (DO) believes that there’s a risk that certain ethnic groups could be discriminated against in within the stop and search zones. Especially since both research and studies show that discriminatory ethnic profiling is already occurring in various police interventions in Sweden today.

The way the Swedish Discrimination Act is designed, you cannot report the police if you’re subjected to a body search and you consider it to be discriminatory. DO has suggested that the Discrimination Act should be revised if the law on stop and search zones is passed. However, it isn’t decided if this is something that will happen in the future.

If you have been discriminated against and you need legal help

If you’ve been discriminated against, it’s important to report it to prevent continued discrimination. Do you need a lawyer’s help with reporting discrimination? Or do you need to talk to a lawyer to get advice regarding your specific situation? Make an appointment with one of our lawyers in the Kliently app today.

Do you need legal help?

An overwhelming majority of the Swedish government voted yes to a new gender law. This was after much debate regarding what is and is not right for the Swedish citizens. But what does the new gender law actually mean? And how will it make a difference? Below, a summary of the most important changes that the new law will entail.

The new Swedish gender law comes into force starting July 1st 2025. Unlike the current law, the new one targets all people who want to change their legal gender. Today, it’s only possible for transgender people to change their legal gender. Other groups, such as people that are non-binary, who doesn’t identify themselves as trans but want to change their legal gender aren’t able to do so under the current law. A persons legal gender is what is stated in your passport and what your Swedish social security number indicates. So it’s not about making physical changes to the body. In other words, the new Swedish gender law makes it possible to change legal gender on paper. So you’re not obligated to undergo surgery or physically change gender to do so anymore. This is also something that particularly benefits non-binary people.

The age limit for changing legal gender will also be lowered to 16 compared to today’s 18. And you don’t have to have a gender dysphoria diagnosis to be able to make the change. A simple doctor’s certificate will be enough. However, minors need their guardian’s approval to change their legal gender.

The new Swedish gender law is important for LGBT+ people

Even if the new Swedish gender law means some changes for LGBT+ groups, it’s only a step in the right direction according to the RFSL. Their hope is that people will be able to decide their physical and legal gender identity themselves, without the influence of healthcare and authorities. This is to increase the well-being of LGBT+ people, who are more likely to suffer from mental illness and are also at risk of being discriminated against.

If you’re discriminated against, for example at your workplace, because of your gender identity, you can get help from our lawyers at Kliently. Download our app to book a video meeting with our lawyers today.

Do you need legal help?

If you have family and friends residing in countries outside of EU and Schengen, you may have talked about the possibility for them to visit Sweden. After all, inviting family and friends here is a chance to show off your home and what your life in Sweden looks like, something that’s very important to many. Before you start planning the visit, there are some practical things you need to take care of depending on how long the visit will be.

When someone outside the EU and Schengen wants to visit Sweden for a maximum of 90 days

If you want to invite relatives who want to visit Sweden for a maximum of 90 days, you have to start by filling out an invitation before their visa application. If there are several people who’ll visit you, you have to fill in one form per person. When you’ve done that, you need to send the completed form to the person you’re inviting along with:

• a copy of valid identification showing your identity. Passport or ID card works just fine.
• documentation showing income and assets of the person who’s responsible for providing during the visit. You don’t have to be the provider, it can be someone else. And then you can send a copies of payslips, bank statements, pension notices or similar for the last three months.
• population registration certificate marked “invitation” which can be ordered from the Swedish Tax Agency.

The form and the attached documents has to be submitted to a Swedish embassy or consulate general together with the application for visa.

When someone outside the EU and Schengen wants to visit Sweden for more than 90 days

If the person who wants to visit Sweden wants to stay for more than 90 days, they have to apply for a residence permit, not a visa. And then you need to fill in an invitation for visits longer than 90 days. If there are several people who’ll visit you, you have to fill in one form per person. Along with the form, you have to send:

• a copy of valid identification showing your identity. Passport or ID card is fine.
• documentation showing income and assets of the person who’s responsible for providing during the visit. You don’t have to be the provider, it can be someone else. And then you can send a copies of payslips, bank statements, pension notices or similar for the last three months.

The form and the attached documents has to be submitted to the Swedish Migration Agency when applying for residence permit before the visit to Sweden.

Do you need help with filling out the forms before the visit?

Are you or a loved one going to visit Sweden? Do you need help filling out the forms? Or does your loved one need help applying for a visa or residence permit? Then book a video meeting with one of our lawyers in the Kliently app. The app can be used from anywhere in the world, so even your loved ones can get help with Swedish legislation as long as they download the app. And it’s possible to choose a lawyer based on the different languages the lawyers speak.

Do you need legal help?

In the Kliently app, we receive a number of calls from people who have been caught for buying sex and want to know what will happen in the future. In the app, you can ask questions directly to a lawyer by booking a video meeting. Then you have the opportunity to go through your case and ask more specific questions. But if you want to know in general what you can expect in terms of punishment, we have summarized the most important information below.

Do you need legal help?

Consequences when buying sex

In Sweden, it’s illegal to buy sex, but not to sell sex. The reason for that is to protect victims of prostitution and ensure that they won’t be afraid to report crimes, without risking any consequences themselves. In the past, the penalty for buying sex has been a fine, but from 2022 the penalty was raised. Today, you’ll get a prison sentence of up to a year or probation, usually combined with a fine.

If you’re caught for buying sex, you have probably already been questioned by the police. After that, it’s up to the prosecutor to decide if there’s enough evidence to bring charges. If there is, you’ll be called to court where the evidence will be gone through to decide f you are guilty of buying sex, and if so, what your punishment should be.

The prosecutor can also choose to issue a penalty order. That is done instead of bringing charges and only if you, who’ve been caught, accept it. Then you can be sentenced to probation and a fine instead of prison, but only if you admit to the crime. Regardless of whether the prosecutor files charges or issues a penalty order, the conviction will appear in your criminal record.

Do you think you suffer from sex addiction?

For some, buying sex can be a sign of sex addiction. Today, between 3-5% of the population are estimated to suffer from sex addiction, and the majority of them are men. If you think you are suffering from sex addiction, it’s important to get the right help. Otherwise, the risk is that you commit the crime again.

Setting up an enduring power of attorney is relatively new in Sweden as it was only in 2017 that a new law regarding this came into force. The law makes it possible for you to give power of attorney to another person if you should suffer from serious illness, mental disorder or the like. It makes it possible for someone else to, for example, pay your bills and take care of your personal affairs without you having to be present.

Establishing powers of attorney between couples is a way to secure your future. By setting one up you’ll know that your partner can manage your affairs exactly as you would’ve wanted. Nowadays, there are also templates that you can use when you want to draw up one yourself.

Why should you set up an enduring power of attorney?

Even if you and your partner have insights into each other’s affairs, your partner doesn’t have the right to take care of them for you. Your partner doesn’t have the right to make decisions about your healthcare, contact the authorities or handle financial matters on your behalf. So what happens if you don’t have the right paperwork and you become incapable of managing your affairs? Well, then the district court can appoint a limited guardian for you.

The process of getting a limited guardian requires an application to be made with the right documents in place. You need, among other things, proof of identity and consents. In some cases, you may also need a medical certificate or other certificates proving you need a limited guardian. But even with the right documentation, the district court can reject your application. So it’s easier to draw up an enduring power of attorney yourself. Especially since this will make sure you have greater control. You’ll be able to choose who will be allowed to make decisions and about what.

Important to remember

To set up an enduring power of attorney, you have to be of legal age. You also have to sign the papers in front of two witnesses. The ones to whom you give power of attorney cannot act as witnesses. For it to be valid, it has to clearly state:

• that the document is an enduring power of attorney.
• who gets power of attorney.
• in which areas the power of attorney applies.
• if there are special conditions you want to be taken into account.

You can also indicate whether you want to give power of attorney to more than just one person. And in addition, you can indicate whether there should be a reserve if the person you want to have power of attorney is prevented for any reason.

How to write an enduring power of attorney

Writing an enduring power of attorney doesn’t take very long and costs around SEK 500 if you draw it up yourself. You can do this directly on Kliently’s website. Simply fill in the necessary information, print out the document and sign it in front of two witnesses. You’ll then receive a standard agreement with your enduring power of attorney.

If you’d like, you can also tailor the document to your needs together with a lawyer. This is a good option if you have complicated affairs or there are matters that makes a standard agreement insufficient to cover your needs. This way, you’ll get help to set the papers up exactly the way you want them. And you’ll also have the opportunity to ask questions and get advice from the lawyer on what’s best in your case.

Do you need legal help?

It’s time to declare again and there are some dates that are important to keep track of when it comes to your income tax return. Here’s the list of dates about when and what applies when you have to declare your taxes.

March

• March 4-8 – everyone with a digital mailbox will have their declaration sent there during this period. After March 8, the declaration is also available to everyone on My Pages at the Swedish Tax Agency. There, you can access a pdf file of your income tax return that you can check but not make changes to.
• March 15 – April 15 – if you don’t have a digital mailbox, you’ll receive your income tax return in the mail during this period. But by using e-identification, you can still access your declaration on My Pages at the Swedish Tax Agency. You can even declare starting March 19 regardless of whether you’ve received your declaration by post or not.
• March 19 – now you can declare, that is, you can make the changes you want to make or just accept the declaration as it is. To do this, you’ll need to log in to the Swedish Tax Agency’s e-service Income declaration 1.

April

• April 3 – if you’re going to get money back on your taxes and want the money as soon as possible in April, you need to approve your tax return now. But you can only get your money in April if you approve the declaration without changing it in any way. And only if you approve the declaration digitally.
• April 8-12 – this week you’ll receive your final tax notice if you’ve approved your tax return by April 3. You can see this as a confirmation that your declaration is finished and approved and finished. If you’re going to get money back on your taxes, you’ll get them between 9-12 April. If you instead have to pay more tax, you need to do so by July 12 at the latest.

May

• May 2 – this is the last day to submit your income tax return as long as you haven’t been granted an extension of time to submit the tax return. That is, as long as you haven’t been approved by the Swedish Tax Agency that you can submit your tax return after May 2. If you don’t submit your return on time and you were born in 1959 or later, you may have to pay a late fee of SEK 1,250 or more, depending on when you submit your tax return.
• May 3 – if you have a maximum of SEK 30,000 in tax left to pay, you have to make an extra payment to your tax account now to avoid paying cost interest as well.
• May 16 – if you’ve been granted an extension to submit the tax return later than May 2, you have to submit it now.

June

• June 3-7 – if you declared May 2 at the latest and your tax return is approved, you’ll receive your final tax notice to your digital mailbox now. Otherwise, it will arrive by post 1-3 weeks later. If you’re getting money back on your tax, you’ll receive the money in your account between June 4-7. If, however, you still have tax to pay, you have to have made the payment by September 12 at the latest. The exact date that applies in your case is stated in your final tax statement. But it’s usually 90 days from the date the Swedish Tax Agency sends your final tax statement.
• June 17 – if the Tax Agency has given you an extension to submit your tax return through your accounting firm, this is the last day to declare. This is called an agency deferral and means that your accounting agency has been approved to submit your return later than May 2.

July

• July 12 – if you have taxes left to pay and approved your income tax return back in April and received the final tax notice in the same month, you have to make a payment by this date. The exact date that applies in your case is stated in your final tax statement and is 90 days from the date the Swedish Tax Agency sent your final tax statement.

August

• 5-9 August – you will now receive your final tax notice to your digital mailbox if you didn’t receive it in April or June and declared by May 2. If you don’t have a digital mailbox, you’ll instead receive the final tax notice in the mail 1-3 weeks later. If you also have tax to be refunded, the money will land in your account between August 6-9. If you instead have tax left to pay, you have to make a payment by November 12 at the latest. The exact date that applies in your case is stated in your final tax statement. But it’s usually 90 days from the date the Swedish Tax Agency sends your final tax statement.

December

• December 2-6 – if you haven’t received your final tax statement earlier in the year, or if you lack tax registration in Sweden, you’ll receive your final tax statement to your digital mailbox now. If you don’t have a digital mailbox, you’ll instead receive it in the mail 1-3 weeks later. If you’re going to get money back on your taxes, you’ll receive the money in your account between December 3-6. If, however, you still have tax to pay, you have to have made a payment no later than March 12, 2025. The exact date that applies in your case is stated in your final tax statement. But it’s usually 90 days from the date the Swedish Tax Agency sends your final tax statement.

Do you need legal help?

The new year means both some tax changes, tougher penalties and completely new laws. These are some of the changes that affect individuals the most.

Expect reduced tax on earned income and pension

The tax on salaries will be lower starting this year thanks to the new employment tax deduction and an increased basic deduction. The increased basic deduction means that the tax on pensions also will be lower. In addition, the age limit for taking part in the employment tax deduction is raised from 65 to 66.

According to Skattebetalarnas website, the tax on your salary will be reduced by:

• SEK 192/month if you have a salary of SEK 16,667/month.
• SEK 293/month if you have a salary of SEK 25,000/month.
• SEK 410/month if you have a salary of SEK 35,000/month.
• 585 kr/månad om du har en lön på 50 000 kr/mån.
• SEK 706/month if you have a salary of SEK 62,500/month.
• SEK 770/month if you have a salary of SEK 125,000/month.

Lower tax on petrol and diesel

For gas, the sum of the energy and carbon dioxide tax will be 60 öre lower per liter compared to 2023. At the same time, the energy tax on diesel in environmental class 1 will be SEK 341 per cubic meter compared to the level that would otherwise have applied with current indexation rules.

New laws affecting taxes on alcohol, tobacco and nicotine

The tax on cigarettes, cigars, cigarillos, smoking tobacco and other tobacco will be approximately one percent higher. At the same time, the tax on beer, wine and other fermented beverages will be approximately eight percent higher, while the tax on ethyl alcohol will be approximately one percent higher.

Flying will be more expensive

Due to the flight tax being recalculated, air travel will be SEK 76-504 more expensive per traveler. How much more expensive it will be depends on where you travel to.

This year you’ll receive a total of SEK 150,000 for renovations and household services

Among this year’s new laws, there’s also an increase in the ceilings for ROT and RUT deductions starting July 1st to SEK 75,000 each for work and services performed during 2024. This means that as long as you use no more than SEK 50,000 in ROT deductions and no more than SEK 75,000 in total in both ROT and RUT deductions during the first half of the year, you’ll have the right to use the remaining deductions during the second half of the year. The increase only applies to 2024 and means that the deductions for ROT and RUT together are doubled.

The deduction for renting out homes is also being increased

The standard deduction for renting out private residential properties, private residences and rental apartments is now SEK 50,000. The previous deduction was SEK 40,000. The deduction is shared for rental and sale of products from private residential properties and private residences.

There is now a new scrapping premium for older cars

Starting this year, the government is introducing a temporary scrapping premium that will apply during 2024-2025. The premium goes to those who scrap older cars and then choose to buy or lease an electric car instead.

Tougher penalties for crimes involving firearms and explosive goods

The penalties for crimes involving firearms and explosive goods are now stricter. This applies to possession of weapons and smuggling of weapons or explosive goods. Aggravated weapons offence and aggravated weapons smuggling will now result in imprisonment for 4-7 years. Previously, it resulted in imprisonment for 2-5 years. Exceptionally aggravated weapons offence and exceptionally aggravated weapons smuggling will result in imprisonment for 6-10 years. Previously, it resulted in imprisonment for 4-7 years.

Among this year’s new laws, security guards gets greater authority

Starting this year, a new law comes into force that gives security guards greater authority. The new law will allow security guards to conduct body searches to determine someone’s identity, destroy seized alcohol and, in some cases, transport people in custody. According to the police’s website, the change of authority is because they see a greater need to be able to use security guards in crime prevention and safety-creating work to maintain public order and safety in society.

Do you need legal help?

This is a question many people ask us. If you already have citizenship in another country, it’s not always easy to get citizenship in Sweden. The processing times are very long, but one positive aspect is that of the applications that were decided on in 2022, 84 percent were granted Swedish citizenship. If you want to become a Swedish citizen, there are a couple of criterias you need to meet to increase the chance for granted citizenship.

Firstly, you can either apply or register for Swedish citizenship. Registering for citizenship can only be done by minor children, young adults between the ages of 18-21 and other Nordic citizens. Depending on the type of registration, the requirements will differ, but in all cases this is an easier way to become a Swedish citizen compared to when you apply for citizenship.

To instead apply to become a Swedish citizen, you have to:

• be at least 18 years old.
• have a valid ID document.
• have lived in Sweden for a certain amount of years (this differs, among other things, depending on what kind of residence permit you’ve had during your time in Sweden).
• have a permanent residence permit, right of residence, residence card or residence status.

In addition, it helps if you:

• are debt-free and haven’t committed any crimes in Sweden.

Having debts or having committed crimes in Sweden doesn’t neccessarily prevent you from becoming a Swedish citizen. However, you have to have paid off your debts, served your sentences and waited some time before applying for citizenship.

When submitting an application for citizenship, it helps if you send as detailed information as possible. A tip is to have someone help you out. That way, you can make sure you haven’t missed anything that might be important to include in your application.

Get help from a lawyer when applying to become a Swedish citizen

Do you need help submitting an application for Swedish citizenship? Make an appointment with our lawyers in the Kliently app today. They will help you with any questions you have and guide you through the process if you want.

Do you need legal help?