B1 Non-refereed article in a scientific journal
Frivillighet och sexualbrott: En systematisk analys
Authors: Niemi Johanna
Publisher: Juridiska Föreningen i Finland
Publishing place: Helsinki
Publication year: 2021
Journal: Tidskrift Utgiven Av Juridiska Föreningen i Finland
Journal acronym: JFT
Volume: 157
Issue: 4-5/2021
First page : 333
Last page: 352
Web address : https://www.edilex.fi/jft/arkiv
Self-archived copy’s web address: https://research.utu.fi/converis/portal/detail/Publication/68364834
The Finnish Ministry of Justice published in July 2020 a draft for a reform of the sexual crimes as regulated in Criminal Code, Chapter 20. The central content of the reform was to introduce lack of voluntary participation as the main element of rape. Here the reform proposal echoes the reform made in Sweden 2018. This article first summarizes the reform process in Finland, in which the MoJ stubbornly defended the element of coercion, still in force, but changed course before the Parliamentary elections in 2019. Then the article examines the proposal and how the element of lack of voluntary participation is implemented, first in relation to parallel elements of force and vulnerability, and then in relation to sexual abuse of minors and dependent persons. The article argues that the shift from force and coercion to lack of voluntariness is a paradigmatic change that needs to inform all aspects of the regulation of sexual crimes.
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