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The aim of the thesis is to theoretically discuss and problematizing the influence of gender and sex throughout the crime as process in Sweden. The issue of gender, criminality and a system for justice will be discussed from different angles to identify, understand and problematize the different parts of the process.The research question has been: In what way may theories, research and knowledge give understanding regarding the socially constructed gender within the crime as process in an overall perspective?Different theories and examples of research and other knowledge for each step in crime as process is presented in order to understand the impact of gender. The context is delimited to Sweden, Swedish law, crime fighting and courts as well as corrective instances in Sweden. In this project, the model used for the reflection is first and foremost allowing a systematic work through of the crime as process in order to identify and formulate patterns of interest. The model is used to drive the theoretical discussion forward.The moving between sex and gender considering crime and criminality opens several challenges. They contest perceptions on crime and criminality, on its development, its extent and its appearance. The constructed systems and ideas on the importance of gender is probably of importance but are at the same time questioning, at a fundamental level, a strong tradition. Since the queries are at fundamental level it is probably hard to address theories’ accuracy built on these premises. There are too many, simultaneously effecting processes, of different directions, to understand neither good or bad nor right or wrong. What could be said is that biological sex does not suffice to understand neither crime, criminality, crime fighting nor its descriptions. If we assume the society creates all the above mentioned: how would it look if we fully accepted gender as a key variable?

This thesis will handle the gendered wage gap in the blue-collar sectors and how the blue-collar unions collective organization (from here on referred to as LO) has handled this issue. In the Swedish labour market the unions and the employers’ organizations negotiate terms and conditions of employment that result in legally binding collective agreements. Within the blue-collar sector wages are to a large extent negotiated on this level and the blue-collar unions coordinate within LO on which questions to focus on in the negotiations with the employers. But during 2015 the unions within LO were not able to agree and the coordination failed (Medlingsinstitutet, MI, 2017). The main issue was disagreement on how to handle low wages and value discrimination. To understand the split during 2015, the reader needs to understand the background and the deeply rooted norms within LO and how the Swedish labour market is organized. Therefore this thesis is divided into three parts. The first part describes historical aspects of how the Swedish labour market has developed with focus on women’s salaries. The second part looks at how LO has chosen to handle the gendered wage gap during the years 2004-2012. The last part will be a critical discourse analysis of articles handling the failed coordination in 2015.

India has a heteronormative rape legislation that is also based on notions of masculinity in the contextof rape. This means only women can be survivors or victims of rape, while men can solely be theperpetrators per definition. The Indian Penal Code 375 relates to rape and states “A man is said tocommit rape...”. This only allows for a man to be defined as the one who commits rape. The doctrinallaw is deeply connected with hegemonial interests of certain parts of society that aim to reinforceheteronormative gender relations as well as to reinforce notions of masculinity. This study analysedthe online media discourse relating to the socio-legal problem of “male rape” in India through the lensof a critical discourse analysis. The study found the strong stance for a gender-neutral rape legislationacross articles. The feminist opposition is named as the major hindering force who counters theadoption of a gender-neutral rape legislation. Generally, the legislation is deeply connected toheteronormative assumptions of relations between men and women. The societal notions ofmasculinity do not “allow” men to be victims or survivors of rape and men raping men/boys can onlyby punished under the sodomy related Indian Penal Code 377 that criminalises “unnatural offences”,like homosexuality.

The Swedish government has an equality goal that men´s violence against women must stop, the government has also signed several international obligations to eliminate discrimination and violence against women. The number of people that moves to Sweden due to family ties is steadily increasing and research has shown that foreign born women have an increased risk of being exposed to male partner violence. How the question about violence against women with temporary residence permit is handled in the alien law has been criticised by women’s organisations and in a government inquiry for being oppressive towards women. The aim in this thesis is to examine how the alien law is applied in the practical work and since the Migration Court generally is the final instance that decides in cases regarding continued residence permit, 16 judgments from the Migration Court are analysed. The aim is to examine how violence against women with temporary residence permit is handled by the Migration Court, which discourses about violence and immigrant women that can be identified in the judgements and how this relate to the gender equality goal to eliminate violence against women. To analyse the judgements discourse analysis is used, to analyse how the law is applied a dogmatic approach and a critical perspective is also partly used. The analysis of the judgments suggest that the interpretation of the alien law is more generous than the legislator might has intended, however the assessments in the judgements varies, especially the question of the duration of the cohabitation. The consequence is that the interpretation of the alien law is unpredictable. Findings also suggest that a woman´s credibility is dependent on that she has made the violence probable. Two discourses are identified “the seeking help discourse” that shows that a lot of responsibility is placed on the individual woman to seek help and protection. And “the discourse of the invisibility of the violence” which points to that if the woman has any other reasons to be granted a residence permit, the Migration Court in many cases fail to discuss or even mention the claimed violence or violation, which creates a notion about what the Court values. It can be stated from this study that how the Migration Court handles the question about men´s violence against women is not compatible to national obligations and to that Swedish government gender equality goal about ending men´s violence against women.

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