Outrageous decision, these judges should be tossed out on their ears or the law changed.

The 10-year-old girl did not object to adult male, so charge of rape was rejected – no evidence of helplessness or fearful situation

Person was convicted of abusive sexual exploitation of a child, sentenced to three years in prison. In the court of appeals, the petitioner appealed to the second paragraph of the rape, according to which rape does not require violence.

NEWS 21.11.12.35 13.11

The accusation of aggravated rape of a 10-year-old girl was rejected in the Turku Court of Appeals because the evidence was insufficient to prove that the act had been committed by forcing against the will of the girl.

The case caused an astonishment in March 2017 when Aamulehti announced the judgment. Later, many other media also discussed the subject. The events took place in a small town of Pirkanmaa between September and October 2016.

The District Court sentenced Juusuf Muhamed Abbud , an asylum-seeker, who was born in 1994, of abusive sexual exploitation of the child to three years in prison.

Attorney General Leena Koivuniemi says Abbud was in a sexual relationship with the child against the child’s will. According to the prosecution, among other things, a very young age of the child favored the prosecution of gross rape.

Oral and vaginal sexual intercourse occurred in the yard of the deserted apartment building.

Violence was not proven

The Pirkanmaan District Court stated that, due to the contradictions in the child’s preliminary investigation report, the prosecutor was unable to prove that the child had sexual intercourse against her will. In the second paragraph, a public statement entitled entitled wrote that Abbud did not appear to have forced a child into sexual intercourse by using violence.

A 10-year-old child can not give a valid consent to sexual intercourse because she is too young and undeveloped to understand the matter.

According to the first paragraph of rape, the rape is committed by someone who forces another sexual intercourse by using violence or threatening to use violence against a person.

The application of the clause has not been considered to require the victim to be physically fighting back.

According to the second moment, rape is also condemned if the act is made “by exploiting the fact that the other is unable to defend himself or to form or to express his will by exploiting the other due to uncontrollability, illness, disability, fear or other helpless state”.

The prosecutor appealed only to the first paragraph, namely the use of violence. Koivuniemi considered that the lack of consent specifically fulfilled the criterion of the sexual exploitation of an aggravated child.

Professor deems it was a rape

In an interview with Aamulehti , Professor of Criminal Law Matti Tolvanen was of the opinion that a mere physical superiority could, according to legal literature, suffice to satisfy the criteria of violence.

-If, in such a situation, the criterion of rape is not fulfilled, then you must already think about changing the law, Tolvanen said.

Also in the preliminary work of the law it is stated that the consent of the author is of age. The consentant must understand the meaning of consent.

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