När normerna får sista ordet - En diskursanalys av hur flickors och pojkars sexualitet konstrueras i domstolsbeslut enligt 3 § LVU

Abstract

The aim of this study is to examine how girls’ and boys’ sexuality is constructed in court decisions based on the Swedish Care of Young Persons act (LVU, 1990:52), with a particular focus on 3§ and the criteria “socially destructive behavior”. By shedding light on how gender norms and assumptions about sexuality influence decisions concerning young people in vulnerable situations, this study seeks to contribute to a more reflective and equitable social work and legal practice. The empirical material includes 23 court rulings, 12 involving girls and 11 involving boys. The study is grounded in a discourse analytical approach using Carol Bacchi’s method “What’s the problem represented to be?”, which is applied in conjunction with Judith Butler’s theory of gender and performativity, as well as the theory of sexual scripts. The results of the study show that boys’ sexuality is predominantly constructed in relation to sexual offences and portrayed as a form of externalized behavior. In contrast, representations of girls’ deviant sexuality are more complex and include a wider range of behaviors, making clear themes harder to identify. The threshold for what is considered deviant sexual behavior is significantly lower for girls than for boys. The conclusion is that court decisions reproduce normative gender constructions through the problem representations. These findings highlight the need for more nuanced assessments within social work and the justice system, and the importance of critically examining how societal norms influence legal decision making.