Open AccessRape in Finnish criminal law and process - A discussion on, and beyond, consent
Author(s) -
Daniela Alaattinoğlu,
Heini Kainulainen,
Johaniemi
Publication year - 2021
Publication title -
bergen journal of criminal law and criminal justice
Language(s) - English
Resource type - Journals
ISSN - 1894-4183
DOI - 10.15845/bjclcj.v9i2.3238
Subject(s) - voluntariness , legislation , political science , law , clarity , criminal law , normative , criminal justice , sexual misconduct , criminology , criminal code , sociology , biochemistry , chemistry
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.