Finland Age of Sexual Consent

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Source: http://www.odci.gov/cia/publications/factbook/geos/fi.html

Facts about the country

Source:  http://www.actwin.com/eatonohio/gay/world.htm

FINLAND LAWS: 1. Has no sodomy laws, the age of sexual consent is 16 for all, age of  consent violations are punished more harshly for homosexual   offenders.   2. Has a law prohibiting the dissemination of positive information
about homosexuality.   3. Has a national gay rights law that bans some anti-gay discrimination including employment.
4. Allows homosexuals in its military.

Source:  http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/


Finland - Finlande - Finlandia   Helsinki

We should mention that the Finnish Parliament is currently amending among others Chapter 20 of the Penal Code.
This Chapter deals with sexual offences. The amended laws will probably enter into force in the beginning of 1999.
It is obvious that the possession of child pornography will be an offence, but the details of the new law remain to
be seen.

I. Ages for legal purposes
Age of simple majority
The legal age of majority is eighteen (18) years.

Age of consent for sexual activity
The legal age of consent for sexual activity varies and is stipulated in the Penal Code.

Age of consent for marriage
The legal age of consent for marriage is eighteen (18) years.

II. Rape
‘Rape’, Article 1, Chapter 20 of the Finnish Penal Code
" (1) A person who forces a woman to sexual intercourse by violence or by threat of an imminent
danger shall be sentenced for rape to imprisonment for at least six months and at most ten years
or, under extremely mitigating circumstances, to imprisonment for at most four years. The
impairment of the power of a woman to control her conduct or to offer resistance shall be deemed
equivalent to violence or a threat.
(2) An attempt shall be punished. "

‘Statutory rape’, Article 3, Chapter 20 of the Finnish Penal Code
" (1) A person, who has sexual intercourse with a person under fourteen (14) years of age or
commits other comparable indecency with the same, shall be sentenced for statutory rape (to a
penitentiary) for at most six years or, if the circumstances are very mitigating, to an
imprisonment.for at most four years.

(2) If a person at least sixteen (16) years of age commits the act referred to in (1) with a person
who is at least fourteen (14) but not yet sixteen (16) years of age, the punishment shall be at most
four years (in a penitentiary) or an imprisonment, or, if the circumstances are very mitigating, an
imprisonment for at most two years or a fine.

(3) If the offence referred to in (1) or (2) is committed in a manner manifesting exceptional cruelty
or brutality and, with due consideration to the totality of circumstances leading to and
manifested in the offence, the offence in the above mentioned or in other cases is considered to be
aggravated, the offender shall be sentenced for aggravated statutory rape (to a penitentiary) for
at least two and at most ten years.

(4) An attempt of the offences mentioned in this section shall be punished. "

III. Other forms of child sex abuse
‘Sexual Assault’, Article 2, Chapter 20 of the Finnish Penal Code

" (1) Who, in a situation not referred to in s.1, forces another to sexual intercourse or other
indecency by violence or by threat shall be sentenced for sexual assault to imprisonment for at
most four years or to a fine. The impairment of the power of another to control his conduct or to
offer resistance shall be deemed equivalent to violence or a threat.

(2) A person who has sexual intercourse or commits other indecency with another, by taking
advantage of the inability of said another to control his conduct or, due to a mental defect, illness
or other infirmity, not to offer resistance or understand the meaning of the act, or by grossly
abusing the dependence of another on the offender or taking advantage of his vulnerability or
distress, shall be sentenced as provided in (1).

(3) An attempt shall be punished. "

‘Enticement of a child’, Article 4, Chapter 20 of the Finnish Penal Code
" (1) A person who entices or persuades a person under fourteen (14) years of age into sexual
intercourse or other comparable indecency with another person shall be sentenced for enticement of
a child to imprisonment for at most eight years, or if the circumstances are very mitigating, to an
imprisonment.

(2) If a person at least sixteen (16) years of age entices or persuades a person at least fourteen
(14) but not yet sixteen (16) years of age in the manner referred to in (1), he shall be sentenced
for at most two years or to a fine. "

‘Illicit sexual intercourse with a young person’, Article 5, Chapter 20 of the Finnish Penal Code
" (1) A person who, by taking advantage of his position, has sexual intercourse with a person at
least sixteen (16) but not yet eighteen (18) years of age and for whose maintenance the offender is
liable or who is subordinated to the offender’s authority or supervision in a school, institution or
otherwise, or commits other indecency, comparable to sexual intercourse, with such a person who is
of the opposite sex, shall be sentenced for illicit sexual intercourse with a young person to
imprisonment for at most three years. The same provision applies if the act takes place by taking
advantage of the young person’s other similar dependence on the offender.

(2) If a person at least eighteen (18) years of age commits indecency, comparable to sexual
intercourse, with a member of the same sex who is at least sixteen (16) but not yet eighteen (18)
years of age or, in the circumstances referred to above in (1), with a member of the same sex who
is at least sixteen (16) but not yet twenty-one (21) years of age, the offender shall be sentenced as
provided in (1). "


‘Immoral behaviour towards a child’, Article 6, Chapter 20 of the Finnish Penal Code
" If a person at least sixteen (16) year of age touches a person under sixteen (16) years of age in a
manner violating sexual morality, or otherwise acts towards said person in a manner violating sexual
morality, he shall be sentenced, if no punishment for the act is provided in this chapter, for immoral
behaviour towards a child, to imprisonment for at most two years or to a fine. "

‘Incest’, Article 7, Chapter 20 of the Finnish Penal Code
" (1) A person who has sexual intercourse with his own child or with a descendant of his own child
shall be sentenced for incest to imprisonment for at most four years.

(2) If a brother and sister or a half-brother and half-sister have sexual intercourse with each
other, both shall be sentenced for sibling incest to imprisonment for at most two years.

(3) The above provisions do not apply to a person who has been forced to the act in manner
referred to in s. 1 or 2. "

IV. Child prostitution
In relation to child prostitution, there are no separate legal provisions, but Section 20 of the Finnish
Penal Code concerning child sex abuse is applied to child prostitution.

‘Pandering’, Article 8, Chapter 20 of the Finnish Penal Code
" (1) A person who keeps a brothel or entices or persuades another person into prostitution shall be
sentenced for pandering to imprisonment for at most four years.

(2) A person who for personal gain encourages or takes advantage of the life that a prostitute
leads, shall be sentenced as provided in (1).

(3) An attempt shall be punished. "

V. Child pornography
In relation to child pornography, there are no separate provisions in force, but the " Act on
Prevention of Distribution of Unchaste Publications ", enforced in 1927 is applied.

Section 1 of the " Act on Prevention of Distribution of Unchaste Publications "
" Whosoever publicly or avoiding publicity keeps for sale or otherwise distributes, or in a such
place to which public has an entry, places on display a printed matter, a writing, an illustrated work
or other product that violates the carnal discipline or decency, or prepares such a product for
distribution or placing it on display or in that purpose keeps it in his possession or lets know how
such a product is available, shall be sentenced, even if only a part of the activities constituting the
offence took place in this country, to a fine or to imprisonment for at most six months.

Aiding and abetting in this offence shall be punished.

Importing or exporting a product referred to in Paragraph 1 above in the country for distribution
or placing it on display is forbidden. On the punishment for breaking this prohibition and for an
attempt of it , it is decreed in Sections 4 and 5 of Chapter 46 of the Penal Code. The provisions
stipulated in Sections 8-13 of Chapter 46 of the Penal Code shall be applied on forfeiture, unless
otherwise provided by Paragraph 1 of Section 1 of this Act. "

The powers of the police to conduct a search of premises are separately stipulated by this Act to be
applied in cases which there are probable causes to suspect that the material mentioned is prepared
or kept in some place. Otherwise the lenient penal latitude provides only the powers for seizure and
apprehension of a suspect. For example, taking into custody, arresting, interception of
telecommunications or obtaining call-associated data are not possible in the connection of an
offence of this kind.

 

 

LEGISLATION


 

FINLAND

Legislation against child sex tourism

Laws and regulations which can be used to:

  • prohibit or prevent the organization and advertising of sex tours and trips
The Penal Code of Finland, 20:8, procuring
  • prohibit or prevent the organization and advertising of sex tours and trips especially affecting children
The Penal Code of Finland:
* 20:8, procuring
* 20:3, violation of children
* 5:3, complicity

 

Extra-territoriality laws and regulations, allowing to prosecute in your country its nationals for child sex offences committed abroad

  • more general laws applicable also to other types of crime
A citizen of Finland shall be sentenced according to the Finnish law for an offence he has committed outside Finland. If the offence is also punishable according to the law of the place of the act. (The Penal Code of Finland 1:6 abd 1:11).
  • specific laws applicable to sexual abuse of children
There are no specific laws concerning sexual abuse of children. However, an amendment is under way: the demand of double criminality is going to be abolished in the cases in which the offence is violation of a child.

 

Penalties relating to sex offences and crime against children in the country

  • for the sex exploiter (customer)

Age of child

Type of sexual offence/crime

Penalty

Under 14 years Violation of children Imprisonment for at most 6 years
14 - 15 years Violation of children Imprisonment for at most 4 years
  • for the manager, controller, pimp or owner of a prostitution place

Age of child

Type of sexual offence/crime

Penalty

All ages Procuring Imprisonment for at most 4 years
  • for the procurer or trafficker who procures, seduces or traffics another person for prostitution

Age of child

Type of sexual offence/crime

Penalty

All ages
Procuring, kidnapping (Penal Code 25:3) Imprisonment for at most 10 years
  • for the offender who detains or confines another person for prostitution.

Age of child

Type of sexual offence/crime

Penalty

All ages
Deprivation of liberty (Penal Code 25:3) Imprisonment for at most 2 years

 

 

 

http://www.world-tourism.org/sextouri/legislat.htm

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