Tillgodoseende av den sexuella självbestämmanderätten vid våldtäktsbrott

Författare

  • Anu Puustinen
  • Heikki Kallio

DOI:

https://doi.org/10.7146/ntfk.v113i1.166275

Abstract

Abstract
The article examines the implementation of sexual self-determination in rape crimes, particularly after the comprehensive reform of Chapter 20 of the Criminal Code in 2023. The main objective of the reform was to emphasize the absence of consent as a defining feature of rape and to broaden the definition of sexual intercourse. As a result of the reform, the definition of sexual intercourse now also covers touching the genitals or anus with the genitals or mouth. However, touching with the hand without penetration is not included in the definition. This limitation raises questions as to whether the current regulation adequately covers all violations of sexual self- determination. The protection of sexual self-determination is based on fundamental and human rights and should be implemented equally in all situations, regardless of the gender of the parties involved. The article pro poses that the definition of sexual intercourse should be made neutral in terms of the act or, at the very least, expanded so that touching with the hand could also fulfill the criteria for sexual intercourse. Such a change would better support the original goal of the reform to strengthen the protection of sexual self-determination in criminal law. Alternatively, legislative grievances could be reme died by imposing
an equal sentence based on the reprehensibility of the act, regardless of the crime title or whether it is a sexual inter course or another sexual act. Such an approach would promote equality and strengthen the fairness of penalties.

Title in English: Safeguarding sexual self-determination in rape crimes.

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Publicerad

2026-02-27

Referera så här

Puustinen, A., & Kallio, H. (2026). Tillgodoseende av den sexuella självbestämmanderätten vid våldtäktsbrott. Nordisk Tidsskrift for Kriminalvidenskab, 113(1), 28–44. https://doi.org/10.7146/ntfk.v113i1.166275