Prosecutor to appeal police officer’s lenient rape sentence

Justice Ministry plans to introduce tougher legislation

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The prosecution in the case of a policeman who was convicted of raping a teenage girl plans to appeal the lenient sentence.
      Helsinki District Court handed down a two-year suspended sentence to the officer for raping and photographing a 16-year-old girl.
      In November 2006 he had used his badge to entice the girl, a runaway, into his apartment, where he gave her alcohol, raped her twice, and took explicit photographs.
     
District Prosecutor Jarmo Hirvonen has expressed dissatisfaction with the sentence and plans to appeal it.
      “The district court justified the suspended sentence by referring to the defendant’s previous clean record, but under the law, the seriousness of the act and the degree of culpability must also be considered”, Hirvonen says.
      Hirvonen added that actual prison time would be warranted in this case, because the act was serious and guilt was at a high level, considering that the defendant misused his status as a police officer in the commission of the crime.
     
The court dismissed the charge of misuse of an official position and violation of official duties. However, prosecutor Hirvonen feels that by identifying himself as a police officer, the defendant took upon himself the responsibility of a police officer, even though he was not on duty at the time of the event.
      The prosecutor is preparing an appeal demanding punishment for either abuse of police authority, or violating his duties as an officer. He says that the sentence should be non-suspended and a full four years, or at the very least two years of actual prison time.
     
The controversy over lenient sentences for rape crimes also came up during Parliamentary question time on Thursday.
      MP Tuomo Puumala (Centre) asked Minister of Justice Tuija Brax (Green) for her view on the matter.
      Brax said that she cannot take issue with a court case that is going to the Court of Appeals.
      However, she also said that a proposal is being prepared by a working group at the Ministry of Justice on tougher punishments for sex crimes targeting children.
     
Puumala asked if it is appropriate to allow a suspended sentence in these kinds of situations, considering that many do not perceive a suspended sentence to be a punishment at all.
      Brax said that the ministry is considering eliminating the possibility of suspended sentences in sex crimes against children.
      “In this respect, the working group is considering various solutions”, Brax noted.
      The questions address a growing public perception that crimes of violence are treated leniently under Finnish law, while property offences often seem to draw heavier sentences.


Previously in HS International Edition:
  Suspended sentence for police officer convicted of raping a minor (4.2.2010)

See also:
  TV report: surprisingly lenient sentences for sexual assault (22.6.2009)
  Tougher punishments urged for child molesters (14.1.2008)
  Amnesty International criticises Finnish rape legislation (17.9.2008)

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