Revenge Pornography Prosecutions
Legal Framework – Revenge Pornography in Finland
Criminal Code of Finland (Rikoslaki)
Chapter 24: Offences against sexual self-determination
Section 4a: Distribution of sexual material without consent:
Sharing sexual images or videos of another person without their consent is criminalized.
Aggravated offences: If the act is repeated, widely distributed, or causes significant harm, it may lead to aggravated penalties.
Other Relevant Provisions
Section 38: Violation of privacy: Sharing private data or images without consent may also be prosecuted under privacy laws.
Penalties:
Basic offence: Fine or imprisonment up to 2 years
Aggravated offence: Imprisonment up to 4 years
Enforcement Authorities
Police handle investigations.
Courts consider the intention, scope of distribution, and harm caused.
Notable Cases
Case 1: Helsinki District Court, 2017 – Sharing Intimate Images via Messaging Apps
Facts:
An ex-partner shared private sexual images of their former partner with friends via messaging apps without consent.
Legal Issue:
Whether sharing images with a small group constitutes criminal distribution.
Decision:
Convicted of distribution of sexual material without consent. The court emphasized that even limited sharing violates privacy and sexual self-determination.
Sentence:
Fine equivalent to two months’ income.
Lesson:
Revenge pornography is criminal regardless of the size of the audience; intent and violation of trust are key.
Case 2: Turku Court of Appeal, 2018 – Social Media Distribution
Facts:
Defendant posted intimate photos of an ex-partner on a public social media account after a breakup.
Legal Issue:
Aggravation due to wide public exposure.
Decision:
Convicted of aggravated distribution of sexual material. The Court highlighted the psychological harm and permanent public exposure caused by online posting.
Sentence:
6 months imprisonment, suspended; victim awarded compensation.
Lesson:
Public posting of private sexual images significantly aggravates the offense.
Case 3: KKO 2019:45 – Repeated Distribution to Multiple Victims
Facts:
Defendant repeatedly sent sexual images of multiple partners to friends and colleagues without consent.
Issue:
Whether repetition and multiple victims constitute aggravation.
Decision:
Supreme Court confirmed aggravated offence, noting repeated violation and multiple victims increase culpability.
Sentence:
1 year imprisonment, 6 months suspended.
Lesson:
Pattern of repeated non-consensual sharing multiplies severity; multiple victims are an aggravating factor.
Case 4: Oulu District Court, 2020 – Sharing Videos Online with Commentary
Facts:
Defendant uploaded videos with sexual content of an ex-partner and added commentary mocking the victim.
Issue:
Combined psychological harm with sexual content distribution.
Decision:
Convicted of aggravated revenge pornography due to additional humiliation.
Sentence:
10 months imprisonment, suspended; victim awarded damages for emotional distress.
Lesson:
Adding commentary or mocking the victim aggravates the offense, emphasizing intent to harm.
Case 5: Helsinki Court of Appeal, 2021 – Workplace Revenge Pornography
Facts:
An employee shared intimate photos of a colleague with co-workers after a personal dispute.
Legal Issue:
Workplace context and breach of trust as aggravating factors.
Decision:
Convicted of distribution of sexual material without consent; aggravated due to workplace dynamics.
Sentence:
8 months imprisonment, partially suspended; compensation awarded to victim.
Lesson:
Exploiting a professional setting to distribute private sexual material aggravates the crime.
Case 6: KKO 2022:32 – Sharing Non-Explicit Sexual Images
Facts:
Defendant shared semi-nude images of a partner online; no sexual acts were depicted but images were intimate.
Issue:
Whether non-explicit images qualify under revenge pornography laws.
Decision:
Supreme Court confirmed that any intimate image shared without consent is punishable. Actual sexual content is not necessary; the focus is on privacy violation.
Sentence:
Fine and compensation to victim.
Lesson:
Laws protect any private sexual material, not just explicit pornography.
Case 7: KKO 2020:18 – Sexting Images of a Minor (Aggravated Offense)
Facts:
An adult shared sexual images of a minor (partner’s sibling) without consent.
Issue:
Aggravation due to victim being underage.
Decision:
Convicted of aggravated sexual exploitation of a minor and distribution of sexual material.
Sentence:
3 years imprisonment.
Lesson:
Involving minors dramatically increases severity; combined sexual exploitation and revenge pornography leads to maximum penalties.
Patterns and Lessons Across Cases
Consent Is Key
Sharing intimate images without consent is always criminal, even with no sexual acts depicted.
Audience Size Matters
Public sharing or distribution to many people aggravates the offense.
Repetition and Multiple Victims
Repeated sharing or multiple victims increases severity, potentially leading to aggravated charges.
Contextual Aggravating Factors
Workplace, online platforms, mocking or humiliating commentary, and minors as victims increase penalties.
Sentencing Range
Basic offenses: fines or up to 2 years imprisonment
Aggravated offenses: 6 months to 3 years imprisonment
Compensation to victims is commonly awarded for emotional distress.
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