The girl was confused and terrified. He told his friend about the incident immediately. Stock Photo MOST PHOTOS

The crime took place in June in Joensuu, where a man and a schoolgirl on Facebook met for the first time. The girl was only 15 years old, and the man was just 19 years old.

 

The meeting place was an agreed to park, where the two continued to talk along the bank of the Pielisjoen river.

 

Before long, the man suggested they go to his friend’s apartment. Until now, both reports were consistent. What had happened at the apartment after the friend had left, the court thought long and hard on.

 

It was immediately accessible

The girl told her that she was sitting on the couch with a man’s friend listening to music and was on a cellphone. When the friend was leaving, the girl left with him. The Fb acquaintance – however, asked the girl back in.

 

The two left alone, he took the girl into his arms and began to force her to kiss him. The man pushed the girl down onto the couch and mounted her. The girl stated many times that said she didn’t want to. She was tried her best to get out of the situation.

 

The girl was confused and frightened. She had not had any previous sexual experiences. However, the man did not care about the girl’s rejection, but forced open her pants. Eventually he penetrated his victim.

 

The situation was interrupted when the girl’s nose began to bleed. The man went out to get some paper so she could wipe face.

 

Weakened and dizzy

After the incident, the man wanted to take the girl to the bus stop. He asked her to stay in contact with him.

 

Upon getting onto the bus the tearful girl went on WhatsApp – messaged to her friend and told her what had just happened. She wrote that she couldn’t walk properly and that she was weakened and dizzy. Eventually, the girl’s sister brought her from her friend’s house.

 

In court, the man strongly denied having committed any crime. He only admitted to kissing the girl and claimed that it was consensual.

 

The man said he wanted to get to know the girl and said he was surprised when she removed him from Facebook after the meeting.

 

The District Court concluded that in principle the facts by both parties were possible. However, according to the court, the girl’s report was much more detailed than that of the accused. The story by the witness, the content of the WhatsApp discussions and the gynecologist’s opinion also supported the girl’s report.

 

Compelling reasons

North – Karelia District Court found that there was no doubt of the man’s guilt.

 

In assessment of the rape, the court found that the sexual intercourse had been the result of “unrelenting violence” by the defendant. Although, according to the law, violence in its kind was mild, it had been enough to break the will of the victim.

North – Karelia District Court sentenced Ismael Kaban, born in 1998 to two years in prison for aggravated child sexual abuse and rape. The judgment was a suspended sentence.

 

The court pointed out that such a long-sentence requires a full-age and exceptionally compelling reasons. It found, among other things, that he was studying at a vocational college and that he did not use intoxicating substances.

 

“Prison would harm”

The law considered it “quite obvious” that the crime had been influenced by the “immaturity” of the sentenced person. It also stressed that the man had come to Finland at 15 – or 16 – years of age without his parents, and despite the fact had no previous dealings with the police.

 

The court estimates that the long-term imprisonment could be an essential and meaningful detriment to the social life of the sentenced person.

 

In addition to the conditional sentence, the defendant was assigned to 90 hours of community service. He was sentenced to pay compensation of over € 5,000 to the victim.

 

Eastern – Finland Court of Appeal recently confirmed its decision on the judgment.