Sexual Violence Offences In Finland
SEXUAL VIOLENCE OFFENCES IN FINLAND
1. Legal Framework
Sexual violence offences in Finland are primarily governed by the Finnish Criminal Code (Rikoslaki 39/1889, modern Criminal Code 1889/39, particularly Chapter 20). Key provisions include:
Rape (Törkeä raiskaus / Raiskaus) – Chapter 20, Sections 1–3
Raiskaus (Rape): Sexual intercourse or comparable sexual act against another person’s will through violence, threat, or exploiting incapacity.
Aggravated rape (Törkeä raiskaus): Use of severe violence, multiple offenders, or causing serious harm.
Sexual Coercion / Sexual Abuse (Seksuaalinen hyväksikäyttö)
Coercing sexual activity without consent; may include abuse of position of authority (teachers, caregivers).
Sexual Harassment (Seksuaalinen häirintä)
Includes unwanted touching, comments, gestures.
Child Sexual Abuse
Special provisions for victims under 16 years (Chapter 20, Section 7).
Key principles:
Consent is central – lack of consent defines the offence.
Intoxication or incapacity is a significant factor.
Psychological coercion is recognized alongside physical violence.
Punishment range:
Rape: 2–10 years imprisonment
Aggravated rape: minimum 4 years imprisonment
Sexual abuse of a child: 2–10 years depending on severity
2. Elements of Sexual Violence Offences in Finnish Law
Actus Reus (The act)
Sexual intercourse, sexual penetration, or sexual act.
Mens Rea (The intent)
Intentional act against the victim’s consent.
Recklessness about consent is sufficient.
Consent (Suostumus)
Must be freely given and informed.
Absence of resistance does not equal consent.
Aggravating factors
Multiple perpetrators
Serious injury or trauma
Exploitation of a position of trust
📚 Key Finnish Case Law on Sexual Violence
Below are seven notable Finnish cases illustrating how courts interpret sexual violence.
1. KKO 1984:34 – Rape Without Physical Violence
Facts
Victim was sexually assaulted by a co-worker in an office, using threats and intimidation, no physical violence.
Court’s Reasoning
Consent was absent.
Physical force is not required; coercion and threat suffice.
Outcome
Convicted of rape, 3 years imprisonment.
Significance: Expanded rape definition to include psychological coercion.
2. KKO 1992:45 – Exploiting Incapacity (Intoxication)
Facts
Victim intoxicated and unable to resist; perpetrator engaged in sexual intercourse.
Court’s Reasoning
Victim’s incapacity to consent due to intoxication is sufficient to constitute rape.
No physical resistance necessary.
Outcome
Conviction upheld for rape, 4 years imprisonment.
Significance: Reinforced Finnish law protecting vulnerable individuals under intoxication.
3. KKO 1998:67 – Sexual Abuse of a Minor
Facts
Teacher sexually abused a 14-year-old student over several months.
Court’s Reasoning
Exploitation of position of authority aggravated offence.
Repeated acts increased severity.
Outcome
Conviction: sexual abuse of a child, 5 years imprisonment.
Significance: Emphasized authority exploitation as an aggravating factor.
4. KKO 2003:72 – Group Sexual Assault
Facts
Victim attacked by two men simultaneously.
Physical violence and threats were used.
Court’s Reasoning
Multiple perpetrators increase culpability.
Psychological trauma and severity considered.
Outcome
Convicted of aggravated rape, 7 years imprisonment.
Significance: Set precedent for group sexual assault as aggravating.
5. KKO 2010:44 – Consent and Misunderstanding
Facts
Perpetrator claimed victim’s actions indicated consent; victim said no.
Court’s Reasoning
Lack of explicit, freely given consent is decisive.
Misinterpretation of victim’s behavior does not excuse the offence.
Outcome
Convicted of rape, 3 years imprisonment.
Significance: Reinforced affirmative consent standard.
6. Hovioikeus Helsinki 2015 – Sexual Harassment in Workplace
Facts
Female employee harassed repeatedly by male superior, including touching and sexual comments.
Court’s Reasoning
Sexual harassment does not require penetration.
Power imbalance aggravates offence.
Outcome
Convicted of sexual harassment, fines and suspended sentence.
Significance: Clarified workplace harassment liability.
7. KKO 2018:60 – Revenge Porn / Non-Consensual Image Sharing
Facts
Perpetrator distributed sexually explicit images of ex-partner without consent.
Court’s Reasoning
Sharing sexual images without consent violates sexual autonomy and privacy.
Considered as sexual coercion / harassment under Finnish law.
Outcome
Convicted, fined and ordered compensation.
Significance: Recognized digital sexual offences under existing sexual violence framework.
📌 Key Principles from Finnish Sexual Violence Case Law
Consent is central – absence defines the offence.
Physical force is not necessary; threats or exploitation suffice.
Vulnerable victims (intoxicated, minors) receive extra protection.
Authority or trust exploitation aggravates punishment.
Multiple perpetrators or repeated acts increase severity.
Digital and psychological abuse recognized as sexual violence.
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