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For the past few decades sexual offences have been frequently discussed in Iceland. At first, the attention centred on how few guilty verdicts there were, as well as the lenient punishments, but in recent years attention has also turned to the concept of rape and how the crime of rape should be defined in the law. This discussion has taken place in the Icelandic Parliament (Althingi), in the courts’ interpretations on the law, among scholars, and the public. The Icelandic General Penal Code (GPC) dates from 1940 and the provisions on sexual offences are in chapter XXII of the GPC.1 In the 80 years that have passed since the GPC came into force, chapter XXII has been revised in its entirety two times, in 1992 and 2007, and it is the only chapter in the GPC that has been subjected to such revision. In this article, section 2 will describe the general amendments made on the provisions on sexual offences in 1992, which included important amendments made on the provision on rape. Section 3 will then address the amendments made in 2007, when a very wide definition of the concept of rape was enacted. After that, section 4 will describe the amendments made on the provision on rape in 2018, when the word ‘consent’ was taken into the provision itself, but without any other major amendments on the provision. The current provision on rape in the GPC is made up of all these laws. This article will describe the academic discussion and societal views that were the precursor of these amendments. Finally, section 5 will evaluate the current provision and discuss whether further amendments are needed.

Legislation on the offence of rape in Icelandic criminal law