RT Article
T1 Rape in Finnish criminal law and process - A discussion on, and beyond, consent
JF Bergen journal of criminal law & criminal justice
VO 8
IS 2
SP 33
OP 53
A1 Alaattinoğlu, Daniela
A2 Kainulainen, Heini
A2 Niemi, Johanna 1957-
LA English
YR 2020
UL https://krimdok.uni-tuebingen.de/Record/1748567632
AB 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.
K1 Rape
K1 Criminal Law
K1 Finnish Criminal Code
K1 Sexual offenses
DO 10.15845/bjclcj.v9i2.3238