Abstract
Chapter 20 of the Finnish Criminal Code, which regulates sexual offences, is currently undergoing structural changes. Focusing on the section of rape, this article investigates the amendments proposed by the Ministry of Justice in 2020 in the light of the current Finnish legislation, legal practice, supranational normative developments and societal change. Lessons are drawn from a recent research project about the attrition of sexual violence in the Finnish criminal process by a research team at the University of Turku. The article welcomes the increased emphasis on voluntariness, contextuality, power imbalances and communication in the suggested draft law. It also criticises some weaknesses of the draft legislation. Conclusively, it proposes further action to improve legal clarity and strengthen the enforcement of a new legal conceptualisation of sexual violence.
Highlights
The legislative definition of rape is a subject of lively debate in Finland, as in many other countries
Among them are the problematisation of sexual violence during the international and national #metoo-movements and their aftermath and supranational normative developments regarding the definition of rape and other sexual offences
In the light of these developments, the chapter that regulates sexual offences in the 1889 Finnish Criminal Code is currently undergoing a full revision in order to emphasise the fundamental rights to personal integrity and sexual autonomy.[2]
Summary
The legislative definition of rape is a subject of lively debate in Finland, as in many other countries. The article compares the current law with the draft definition of rape suggested by the Ministry of Justice in July 2020. Doing so, it apprehends expected problems in the shift from criminalisation that builds on physical force and exploitation of a defenceless person to a model that emphasises voluntariness, communication, power imbalances and consent. It apprehends expected problems in the shift from criminalisation that builds on physical force and exploitation of a defenceless person to a model that emphasises voluntariness, communication, power imbalances and consent After this short introduction, the second section of the article depicts the current definition of rape in Finnish legislation. The conclusion highlights that it is important to support the new legal standards with theoretical discussion, resource allocation and training of law enforcement authorities for the legislative changes to be enforced in practice
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