The law needs to change as much as the initial judge thrown out on his keister…….
Sensational rape case headed for consideration at Finnish Supreme Court? A 10-year-old girl’s lawyer hopeful, but fears of cost
Wednesday 29.11.2017 at 10.02
Widespread surprise over the dismissal of prosecution of 10-year-old child’s rape may be taken to the Supreme Court for consideration. There is, however, a fear of the costs of legal proceedings if they lose the case.
- The Court of Appeal dismissed the charge of gross rape of a 10-year-old girl.
- The girl’s parents are considering applying to the KKO. The fears are the potential costs.
- Since then, the state has paid the perp’s legal expenses. If the victim’s parents lose the case, they would pay those costs.
In spite of the Turku Court of Appeal’s recent affirmation of the sexual crime ruling, the ruling may be appealed to the highest right (KKO).
The Court of Appeal upheld the ruling by the Pirkanmaa District Court in March, rejecting the allegation of aggravated rape by a 23-year-old asylum seeker Juusuf Muhamed Abbud, of a 10-year-old girl .
The court found Abbud guilty of an aggravated child sexual exploitation, as he did not seem to have forced the child into sexual intercourse by using violence.
Liisa Tarvainen, a lawyer representing the victim, had considered that the accused took advantage of the fact that the girl was unable to defend herself or express her will in the situation because of the fear or other helpless condition.
The court, however, rejected that thought. According to the court, there was insufficient evidence that the victim had been in a state of distress or other helpless condition.
District Attorney Leena Koivuniemi , who had pursued rape charges lifted her hands up. She soon announced that she was not going to appeal it to the Supreme Court.
The decision by the Court of Appeals and the prosecutor’s solution caused a heated debate all the way to Parliament. This was particularly influenced by Professor Matti Tolvanen of the University of Eastern Finland’s Criminal Law .
Who would pay?
– An unbelievable decision if there ever was one. The 10-year-old girl was certainly unable to form and express her will, Tolvanen says to Iltalehti.
– I hope that the party concerned would still be in the process (the appeal process to the KKO).
Attorney Liisa Tarvainen tells IL that the filing of an application for an appeal is considered seriously. The time to do it is until mid-January. She admits that the biggest question is the cost of possible processing.