The helsinki court of appeal has rejected the 36-year-old says a man in order for the third rape charges.Espoo the arrow according to the victim her clit for about 15 minutes.The district court sentenced him to rape in prison.The court of appeal considers, however, that licking have a rape offence in accordance with the penetration of another body.The court of appeal has overturned a second time to the same man in court to get the rape conviction. JYRKI VESA
a Fresh decision by the Helsinki court of appeal dismissed the rape charges, but considers that the act is an alternative charge of sexual assault.
the court of Appeal sentenced says a man seven months ‘ imprisonment. Punishment man gets carried out of the prison instead of 210 hours of community service.
the Espoo district court held the indictment described the act of rape. The district court had condemned the same man of rape years ‘ imprisonment.
the Punishment was a man of his earlier jail sentence for the sake of the absolute.
Court settlement repealed, however, the district court judgment.
”Infiltration” definition
the Helsinki court of appeal reasoning, according to the guilty of the crime watch only works on the basis that the time is explicitly punishable. The court does not deviate from the text of the law the general language or legal-technical meaning.
the criminal code 20. chapter 1. according to the section, the rape factor is sexual contact with another human being.
in the Same criminal code chapter (10. section) is defined as sexual contact. ”For the purposes of this act to the sex organ’s role or sex organ or anus the sexual penetration of another body, or another’s genitals taking into your body”.
the Helsinki court of appeal, according to the ”intrusion” is treated as well as in legal literature that the last time in 2014, the parliamentary law committee’s report. Law committee highlighted the intrusion of the word of the general language meaning.
a Woman woke up in the middle of the work
at the Same end of the country also came to the court of appeal.
– the court of Appeal considered that the clitoris licking can be considered as the universal language in accordance with the female sex organ of the subject as a stick a woman’s body.
the court of Appeal to admit in itself, ”that the victim’s point of view not much difference, is the penetration of targeted only to the external reproductive system, or is language also penetrated deeper into the woman’s body”.
Espoo crime happens to a woman at home a joint a night out after. Women know the man’s already common circle of friends. In addition, the man had twice been to his apartment computer.
Present in the apartment was also another woman who knew the man better. Both women fell asleep on the couch.
the Man was licking the sleeping and drunken women from the genital tract of this lying on the couch. Before she did she had taken off her victim’s pants and underwear.
the Woman woke up from the procedure and was shocked.
the Woman told the man to stop, which it also did. The woman immediately called the emergency center and told them what had happened.
”Is it ok?”
according to the Court, the woman told of the events is credible. The report strongly supports her to the emergency response centre call and the woman during the call, as depicted by the situation.
That the emergency call was listened to in court.
the Accused denied the crime. However, he admitted nuolleensa the female reproductive system. This he had done, about 15 minutes.
the Accused told me he was about to join the woman. Women forbidden he, however, immediately stopped.
says the man that the woman had not slept. The woman had been involved. He pointed out that was specifically asked of the women ”at every step, is ok”.
Free the previous day
can you believe that 36-year-old guy from the suburb was the usual more valid reason to inquire about the woman’s presence. The same man was at the time already been convicted in the district court of two rape.
a Man had just gotten out of prison to civilian life. Criminal 23 days. September 2016 on the day before the Helsinki court of appeal had ordered his release on remand.
pre-trial detention had lasted a year and a half.
the captivity of the reason were the crimes for which people were directed to another woman. The man had stabbed the woman with a kitchen knife in the stomach. A woman says a man raped her and the day before that after she was stabbed.
the Espoo district court sentenced a man in the beginning of 2016, five years and eight months ‘ imprisonment. District court judgment was read aggravated rape, rape, attempted murder as well as second in the context of mild assault.
”No reasonable assurance”
a district court judgment had no force of law a new crime. The court of appeal in January 2017, the ruling overturned the district court judgment.
the court of Appeal dismissed the charges of rape and aggravated rape.
– the court of Appeal took into account that the plaintiff (the victim) telling of the events have been consistent or clear, and the case has been shown in other counts of supporting evidence.
– therefore, The fact could not be established with sufficient certainty to exclude the respondent (the accused) presented by the alternative event to the main passage by consensus of intercourse, said the court of appeal in its public statement.
the court of Appeal rejected two years ago in January also attempted. Shocks had been the only one. Espoo was immediately after she was stabbed taken to treat the wound.
Court will cut reimbursement
the court of Appeal sentenced the accused to two years and three months imprisonment. One and a half years pre-trial detention the court finds that says men will no longer keep in custody.
Man does not capture the new, either the court of appeal decision. He is allowed to perform the sentence as community service.
Aggravated assault and simple assault the victim espoo-was ordered to pay 9050 euros compensation.
a sexual offence to the victim, he must pay a thousand euros suffering compensation. The district court had ordered 2500 euros compensation, but the rape charge after the fall of the court will cut reimbursement.
new year’s eve judgment is previously running Helsingin sanomat.
Jenni Count victim by telling how close can help a person who is the victim of sexual violence.
