More convictions for sexual abuse of children than before

Great variation in severity of sentences

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The number of convictions for the sexual abuse of children has increased fivefold in the past 15 years.
      According to a study by the National Research Institute of Legal Policy (OPTULA), the number of suspended sentences has increased considerably.
     
The increase in convictions is seen as a result of more cases being reported to the police. Researcher Ville Hinkkanen says that the actual number of cases of abuse has not necessarily increased.
      The nature of abuse cases varies from verbal harassment to years of coerced sexual intercourse. Hinkkanen says that more milder cases of abuse have been coming to court. In previous years, not all punishable acts were recognised as crimes by the victims.
      There is considerable variation in the sentences handed down for the same types of crimes in different parts of the country.
     
The greatest factor influencing a sentence is whether or not the act is considered aggravated.
      In case of aggravated abuse, real prison time is usually the outcome. In non-aggravated cases, the perpetrator usually gets off with a suspended sentence.
      A unified sentencing practice has not been established, especially in cases of basic sexual abuse of children.
     
In the study the focus was on sentences handed down by district courts and courts of appeal in 2006 in cases of sexual abuse of children. The statistical analysis shows that factors leading to longer suspended sentences in cases of non-aggravated abuse include the duration of the crime, the possible use of coercion, and the number of victims.
      These and other factors could only explain less than a third of the variation in the sentences. This means that sentencing is arbitrary to a large degree, the study showed.
      According to Hinkkanen, the likely reason for the unexplained variation is that individual judges come accross cases of sexual abuse of children fairly rarely; in spite of the media attention, the actual number of cases is fairly small. Also, as the sentences are usually kept sealed, and consequently other judges and prosecutors often do not know what kinds of sentences have been handed down in similar cases.
     
To reduce the discrepancies Hinkkanen proposes that judges be offered special training. The Ministry of Justice plans to make sure that the results of the study are brought to the attention of cours and prosecutors for purposes of training.
      The study found that non-suspended prison sentences for sexual abuse had increased since new legislation was passed in 1999, which instituted tougher sentencing of sex crimes in general.
      Minister of Justice Tuija Brax (Green) appointed a working group on Tuesday to prepare the implementation of a European convention on sexual exploitation of children. The working group is to consider the issue of punishment as well. Brax says that the group should especially consider if it is right that so many of the sentences that are handed down are suspended.


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  National Research Institute of Legal Policy

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