The new legislation on sexual offences entered into force on 1 January 2023. The legislative reform strengthens everyone’s right to sexual self-determination and personal integrity.
The key change is that the definition of rape is now based on consent. Rape is sexual intercourse with a person who does not participate in it voluntarily. The absence of voluntariness is also an essential element of other sexual offences. As a result of the reform, punishments for sexual offences will become tougher.
In addition to rape, most other provisions on sexual offences in Chapter 20 of the Criminal Code were amended. An important change is, for example, that when the act is sufficiently severe, sexual harassment can be committed through acts other than touching. Non-consensual dissemination of a sexual image is punishable under the amended legislation. The amended legislation addresses sexual abuse online in many ways.
The definition of sexual offences against children emphasises the integrity of the child. Offences against children are classified as more severe than before. The punishments will also be more severe. The starting point is that a child cannot consent to a sexual act with an adult.
Criminal code, Chapter 20: Sexual offences
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Rape
The victim’s own will is central to the definition of rape.
Rape means sexual intercourse with a person who does not participate in it voluntarily. Voluntariness must be expressed through verbal expression, gestures or other actions. In addition, voluntariness does not occur if the person is coerced into sexual intercourse by using violence or by making a threat or if the person has not been able to formulate or express his or her will.
The victim of rape often does not actively defend herself or himself in the situation. The victim may also freeze and become passive. Therefore, rape can also take place without violence, threats or other specific infirmity of the victim, such as intoxication or loss of consciousness.
The amended legislation does not restrict sexual activities between adults that do not violate another’s right to sexual self-determination.
Below are practical questions and answers on how the reform will change the definition of rape.
In the past, the definition of rape focused on whether the act had involved violence or threats or whether the victim had been in a particular state of infirmity. The victim’s own will is the most essential element in the amended legislation. This will improve the position of the victim at all stages of the criminal process.
The meaning of voluntariness does not differ from standard language. The question is whether the other person wants to participate in the activity or not. Voluntariness does not need to be expressed in a specific way. Voluntariness can be expressed, for example, through verbal expression, gestures or other actions.
Absence of voluntariness would not need to be directly expressed through verbal expression or actions. Participation cannot be considered voluntary if it has not been possible to detect the other party’s voluntariness. The other person may also be completely passive because he or she is in a state of fear, heavily intoxicated or asleep. In this case, he or she is not able to formulate or express his or her will, so engaging in sexual intercourse constitutes rape.
Consent does not need to be given separately or in a specific way. What is essential in sexual activity is the voluntary participation of both parties. Willingness to participate can also be communicated in ways other than through verbal expression.
If the person’s will is unclear, the situation must not proceed. There exists no general right to initiate sexual intercourse with another person or to commit a sexual act on him or her if the person has not expressed his or her will.
The intention is not to restrict sexual activities between adults where the parties do not violate each other’s right to sexual self-determination. Voluntariness can be clear, for example, based on the previous relationship and communication between the parties.
However, the fact that the parties have previously engaged in sexual intercourse with each other does not by itself imply voluntary participation in sexual intercourse later.
The act constitutes rape if the other person did not participate in sexual intercourse voluntarily. If the other party regrets his or her voluntary participation in sexual intercourse afterwards or changes his or her attitude towards it only after the sexual intercourse, this is not the case.
The right to sexual self-determination also continues during sexual intercourse. If one party sets boundaries for the way in which sexual intercourse is to be conducted, failure to comply with them could constitute a violation of the person’s right to sexual self-determination. The right to sexual self-determination also includes the right to refuse to continue sexual intercourse at any point, even if it started voluntarily on both sides.
No. The act is only punishable when it is intentional. Intent is assessed in criminal proceedings, finally in a court of law. Usually, people express their will to engage in sexual intercourse clearly, so that the lack of voluntariness is not left unclear to the other person. If the person’s will is unclear, the situation must not proceed.
Yes. That is also clearly stated in the legislation.
Sexual assault
Sexual assault applies to sexual acts other than sexual intercourse. It is a more serious form of unwanted sexual behaviour than sexual harassment. In practice, the legislation has replaced the previous provision on coercion into a sexual act with a new definition based on consent.
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. Such acts may include intensive or forceful touching of sexually relevant body parts, 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.
Sexual harassment
Sexual harassment by touching has been punishable also in the past. In the amended legislation, harassment also includes sexual harassment in other ways when the act is so serious that it is comparable to touching. Sexual harassment may involve, for example, verbal harassment, sending or showing a message or a picture, taking a picture or exposing himself or herself to another person.
For example, caressing, squeezing or patting someone. As a result of the law reform, harassment may also involve, for example, unwanted following of another person while suggesting sexual intercourse, sending an obscene sexual image or verbal message, exposing genitalia to another person, photographing or filming under another person’s skirt or raising the hem of a person’s shirt.
Verbal sexual harassment is clear harassment so serious that it is comparable to sexual touching. It also matters what is said, what is the nature of the situation and what is the relationship between the parties.
The prerequisite is that the act is sexual and targeted at another person. In Finland, swimming naked at a summer cottage or going to the sauna has not been considered a sexual act as such.
Non-consensual dissemination of a sexual image
An image, video or any other visual recording must not be shown or disseminated in such a way that it significantly violates another person’s right to sexual self-determination
The act is a criminal offence regardless of whether the image was taken with the consent of the person who appears in it or not.
If a sexual image is taken without the consent of the person who appears in it, the act may be punishable, for example as sexual assault or harassment.
Showing even a single image or distributing an image file may be sufficient to constitute an offence.
If the sexuality of the image is low, the act is not usually considered to constitute non-consensual dissemination of a sexual image.
Sexual offences against children
As a rule, the amended legislation classifies sexual offences against children as more serious offences. The punishments are also more severe.
The starting point is that a child cannot consent to a sexual act with an adult. Sexual intercourse with a child under the age of 16 is, as a rule, rape of a child under the new legislation, when it was previously an abuse offence.
Children over 16 but under 18 years of age are also better protected.
Mutual relations between adolescents which do not violate another’s right to sexual self-determination will not be punishable in future, either.
Not if the parties are participating on a sufficiently equal footing. There must be no great difference in the maturity of the parties and another’s right to sexual self-determination must not be violated.
No. Only intentionally obtaining access to such material is punishable. Intention can be demonstrated, for example, by the frequency of such visits or by search words.
Not if the images are not sexual. The sexual content of an image is determined in the same way as before. It depends, for example, on how the child is presented and the child’s age.
