Different sexual offences as from 1.1.2023
In the sections on sexual offences the definitions intercourse and sexual act are used.
Intercourse means penetration with genitals into another’s body or sexual penetration into another’s genitals or anus, taking another’s genitals into one’s body or touching another’s genitals or anus with genitals or mouth.
A sexual act means an act which, taking into consideration the perpetrator, the person at whom the act was directed and the circumstances of the commission, is sexually significant.
Rape
Rape is when a person coerces another person into sexual intercourse.
Voluntariness must be expressed verbally (e.g. by explicitly saying that you want to), by behavior (e.g. actively participating in the intercourse and the preceding sexual act) or in some other way.
If there is no expression of voluntariness as described above that shows the person’s willingness to participate in the intercourse, the person is not considered to participate voluntarily in the intercourse.
Voluntariness is also lacking if the person has been forced to have intercourse through violence or threats against the person. It is also not voluntary if the person has not been able to formulate or express his or her will due to unconsciousness, illness, disability, a state of fear or another state of helplessness. A situation that arises suddenly can also result in the person not being able to formulate or express his or her will. The law also mentions serious abuse of a position of power as a situation where the person has not had the opportunity to formulate or express his or her will.
It is aggravated rape, if, in rape
- a grievous bodily injury, a serious illness or a state of mortal danger is caused to another person,
- the offence is committed by several people,
- particularly grave mental or physical suffering is caused,
- the offence is committed in a particularly brutal, cruel, or humiliating manner, or
- the victim is a child under 18 years of age,
and the rape is also aggravated when assessed as a whole.
An attempt is punishable.
Sexual assault
Sexual assault applies to sexual acts other than sexual intercourse (before 1.1.2023 coercion into sexual act). Sexual assault refers to performing, by touching or otherwise, a sexual act on a person who does not participate in it voluntarily and the act significantly violates the person’s right to sexual self-determination. The lack of the person’s consent or voluntariness is assessed in the same way as in rape.
Examples: intensive or forceful touching of sexually relevant body parts (e.g. breasts, genitals, butt, neck, thighs), making a person watch the perpetrator’s sexual activity or making a person commit sexual acts on himself or herself. Photographing or filming a person’s genitals or sexual intercourse may also constitute sexual assault.
It is aggravated sexual assault, if, in the act
- serious violence or threat of serious violence is used against a person,
- the offence, due to the number of perpetrators or any other reason, causes grave mental or physical suffering or if it is committed in a particularly humiliating manner, or
- the victim is a child under eighteen years of age,
and the sexual assault is also aggravated when assessed as a whole.
An attempt is punishable.
Sexual harassment
Sexual harassment is, in addition to touching, also other sexual acts that are likely to violate the person’s right to sexual self-determination when the acts are so serious that they are comparable to touching.
Sexual harassment may involve, for example, verbal harassment, sending or showing a message or a picture, taking a picture or exposing oneself to another person.
Non-consensual dissemination of a sexual image
You can be guilty of non-consensual dissemination of a sexual image if you without consent show or disseminate a sexual image or recording (video, file) in such a way that it significantly violates another person’s right to sexual self-determination.
If you, for example, show friends or disseminate online a sexual image/video that previously has been taken/filmed with the consent of both parties and if you do not have the consent of the person in the image to show/disseminate the image, it might be an offence.
Sexual abuse
The section on sexual abuse in the Criminal Code is an additional protection for particularly vulnerable victims and it deals with acts where the perpetrator, by abusing his or her position, entices a person in a weaker and more vulnerable position into sexual intercourse or to engage in another sexual act that essentially violates the person’s right to sexual self-determination.
The law specifies the following groups of people in a weaker or more vulnerable position:
- a person under 18 years of age, who in a school or other institution is subject to the authority or supervision of the perpetrator or in another comparable manner subordinate to the perpetrator,
- a person under 18 years of age, whose capacity for independent sexual self-determination, due to his or her immaturity and the age difference between the persons involved, is essentially inferior to that of the perpetrator, by blatantly taking advantage of this immaturity,
- a patient who is being treated in a hospital or another institution and whose capacity to defend himself or herself or to formulate or express his or her will is essentially impaired due to illness, disability or other infirmity,
- a person who is especially dependent on the perpetrator, by blatantly taking advantage of this dependence.
An attempt is punishable.
SEXUAL OFFENCES AGAINST CHILDREN AS FROM 1.1.2023
Rape of a child
Sexual intercourse with a child under the age of 16 is, as a rule, rape of a child. If the perpetrator is the parent of the child or in a position comparable to that of a parent, it is rape of a child if the child is 16 but not 18 years old.
It is aggravated rape of a child, if, in the rape of a child
- a grievous bodily injury, a serious illness or a state of mortal danger is caused to another person,
- more than one person is committing the offence,
- particularly grave mental or physical suffering is caused,
- the offence is committed in a particularly brutal, cruel, or humiliating manner,
- the victim is a child whose age or stage of development is such that the offence is conducive to causing special damage to the child, or
- the offence is conducive to causing particular damage to the child due to the special trust he or she has placed in the perpetrator or the particularly dependent position of the child in relation to the perpetrator,
and the rape of the child is also aggravated when assessed as a whole.
An attempt is punishable.
Sexual assault of a child
Sexual assault of a child replaces the previous section on sexual abuse of a child and deals with sexual acts other than sexual intercourse.
Sexual assault of a child is when a person, by touching or other sexual act, performs a sexual act on a child under 16 years of age that is conducive to harming the child’s development, or gets the child to engage in such an act. If the perpetrator is the parent of the child or in a position comparable to that of a parent, it is sexual assault of a child if the child is 16 but not 18 years old.
Examples:
- Touching, kissing around the breasts and genitals etc.
- Enticing a child to watch masturbation, sexual intercourse, showing genitals or pornographic images or videos.
- Showing gestures of self-pleasure or sexual intercourse.
- Asking or inducing a child to act in a sexual manner.
- Making a child dress in revealing clothes or get naked.
- Making a child masturbate or urinate on the perpetrator.
- Ask the child to draw pictures of genitals.
- Take pictures of a naked child.
- Ask a child to pose for a sexual image, take such an image of himself or herself or send such an image to the perpetrator.
- Talk about and discuss sexually charged events.
- Send sexual messages.
It is aggravated sexual assault of a child, if, in the sexual assault of the child
- serious violence or threat of serious violence is used against a person,
- the offence, due to the number of perpetrators or any other reason, causes grave mental or physical suffering or if it is committed in a particularly humiliating manner,
- the victim is a child whose age or stage of development is such that the offence is conducive to causing special damage to the child, or
- the offence is conducive to causing particular damage to the child due to the special trust he or she has placed in the perpetrator or the particularly dependent position of the child in relation to the perpetrator,
and the offence is also aggravated when assessed as a whole.
An attempt is punishable.
Sexual abuse of a child
It is sexual abuse of a child if rape of a child or sexual assault of a child assessed as a whole has been committed under circumstances that make the offence less serious, when one takes into account the age and maturity of the child and the perpetrator, the relationship between the parties and other circumstances of the offence.
An attempt is punishable.
Solicitation of a child for sexual purposes
Grooming means suggesting a meeting or other contact with a child so that it is apparent from the contents of the suggestion or otherwise from the circumstances that the intent of the person is to prepare sexually obscene pictures or visual recordings depicting the child or commit a sexual offence against the child.
More information, for example: Save the children: Solicitation of children for sexual purposes (grooming)
Purchase of sexual services from a young person
A person who, by promising or providing payment, gets a person under 18 years of age to engage in sexual intercourse or another sexual act shall be sentenced for purchase of sexual services from a young person.
A person who uses the sexual services referred to above for which another person has promised or provided payment shall also be sentenced for purchase of sexual services from a young person.
An attempt is punishable.
Read more:
Advice for victims of rape
Sexual harassment and the law (in Finnish)
Critical steps on the path of a victim of a sexual offence (in Finnish)
Boys and men as victims of a sexual offence (in Finnish)
I have been raped (in Finnish)
Children and young people as victims of sexual offences
Sexual offences against sex workers (in Finnish)
When charges are not brought for sexual offences (in Finnish)
Assessment of special protection in sexual offences (in Finnish)
Information about sexual offences is needed in schools (in Finnish)
The lawyer answers: What compensations can victims of rape receive? (in Finnish)
The lawyer answers: Unconsciousness, state of fear or other helpless state of a victim of rape according to the Criminal Code (in Finnish)
Seri Support Centers: Support units operating around Finland for victims over 16 years of age, regardless of gender, who have experienced sexual violence. You can come to the Seri Support Center on your own, with relatives or under the guidance of a public authority.