Finnish Supreme Court doesn't consider sexual-abuse of 10-year-old as rape
What's the story
In a surprising judgment, the Finland Supreme Court refused to consider sexual abuse of a 10-year-old girl, by 23-year-old asylum seeker, as rape.
The top court observed the child wasn't forced into the act while rejecting the prosecution's plea for harsher punishment.
The refugee abused the minor in the yard of a deserted building in Tampere city, in Southern Pirkanmaa region, in autumn 2016.
Details
Accused sentenced to three-year-jail term by lower courts
The accused identified as Juusuf Muhamed Abbudin by the Finnish media was given three-year-jail term by both Pirkanmaa District Court and the Appeal Court, Turku, in 2017.
He was convicted of aggravated sexual abuse charges. But the abuse didn't constitute as rape, according to the courts.
They said the girl wasn't overcome by fear, or was incapacitated in any way, during the act.
The case
Accused abused girl, sent her sexually charged messages
The courts observed Abbudin had sexual intercourse with the child. He also sent her sexually charged messages.
However, they said the prosecutor couldn't prove the child had sexual intercourse against her will.
The judgment sparked nationwide outrage with many taking to streets in demand of stringent rules for child sexual abuse. The demand to ban migrants also grew louder by the day.
Details
Courts' decision baffled citizens, fuelled demands for stricter laws
Though Supreme Court chose not to change the verdict of lower courts, Finnish citizens had earlier expressed discontent.
A Professor of Child Psychiatry, Tuula Tamminen, said there was no way the child could have known what was happening to her.
National Coalition Party MP Kari Tolvanen sought a harsher sentence in such offenses. He called for amendment in criminal law dealing with sexual abuse.