Finnish courts explain dismissed Malm rape charges

Finland’s Courts Administration has issued an exceptional statement clarifying its decision to dismiss rape charges against three men accused of assaulting a 17-year-old girl near Malm Hospital in Helsinki.

Both the district and appeals courts ruled that the heavily intoxicated teenager was not too drunk to consent to sex. Under Finnish law, rape occurs when a person engages in sexual intercourse with someone who does not participate voluntarily, including cases where consent cannot be given due to fear or severe intoxication.

The Courts Administration reviewed video footage showing the girl leaving the hospital of her own accord with two of the men, waiting outside for the third, and then walking together into a nearby wooded area. Authorities found no more plausible reason for their movement than to engage in sexual activity. When a security guard later discovered them, the girl was dressed and continued walking with all three men to another wooded area to continue.

Based on this, both courts concluded there was no obstacle to her giving consent.

The statement also addressed public debate over the girl’s obligation to cover the legal costs of the accused. The Courts Administration noted that in Finland, if an appeal is rejected, the appellant must compensate the opposing party’s expenses. As the prosecutor did not appeal the district court’s ruling, the responsibility falls to the complainant.

The agency emphasized that the legal age for sexual consent in Finland is 16, at which point individuals have full autonomy over their sexual activity.