The purpose of
the Act is to strengthen the possibilities of asserting the rights of the child
when a custodian or a person with whom the custodian has a close relationship
is suspected of a crime against the child. The Act is aimed at improving the
possibilities of investigating such criminal suspicions. Accordingly, its purpose
is also to prevent the abuse of the child from continuing.
The proposal provides
for a special representative to be appointed for the child in cases of this
kind, subject to certain conditions. As proxy for the child's custodian, the
special representative shall assert the rights of the child during the pre-trial
investigation and in court. If the child has two custodians who are not married
to each other or living together in a quasi-marital relationship, it shall be
possible instead to appoint one of them to be the child's sole representative.
An attorney, a
junior lawyer in a law office or some other person shall be appointed special
representative. Only a person meeting special requirements of suitability may
be appointed. An application for appointment shall be filed by the prosecutor
with the district/city court. The court shall be empowered to make an interlocutory
appointment without the knowledge of the custodians if this is presumably necessary
in order for the rights of the child to be properly asserted. (Government Bill
Prop. 1998/99:133).