Prosecutors face challenges in sexual assault cases in Helsinki following new consent law

Investigating sexual assault cases has proven challenging when it comes to determining consent after the fact, according to data analyzed by Yle. The review focused on decisions made by prosecutors in Helsinki to decline or conclude investigations under the new law, which states that engaging in sexual intercourse without consent qualifies as rape.

One case involved a dining-out encounter where a man named Petteri, 52, claimed that a condom was accidentally lost during intercourse with Tiina. Tiina reported Petteri for rape, asserting she had not consented to unprotected sex. Petteri denied wrongdoing, stating that they stopped when they noticed the condom was missing. The police found no evidence to support Tiina’s claim, leading to the investigation being closed last February.

In another incident, Milla reported 57-year-old Tero for rape, suggesting that while she initially resisted his advances, she later participated in sexual activities. Tero maintained that everything was consensual. Ultimately, the prosecutor decided not to charge Tero based on inconsistent testimonies.

A similar case involved Joni, 32, who was suspected of rape after a partner alleged she had not consented. Though Joni did not deny the encounter, the prosecutor opted not to charge him due to insufficient evidence.

In a more unusual case, a smart watch recording by Mikko helped clear him of assault allegations made by Johanna, who accused him of choking her. The evidence suggested Johanna had consented to the sexual encounter.

Judge Antti Tapanila expressed concern that the new law hasn’t functioned as intended, highlighting difficulties in establishing consent retrospectively. Reports suggest a low number of consent-related charges reaching the courts, often due to challenges with evidence. The Ministry of Justice is currently reviewing the law.