Presentation on theme: "Conference ”When a child gets hurt” 04.12.2014 Tallinn, Estonia Incest and its specific features Riitta Silver Development Manager in Legal Matters, Rape."— Presentation transcript:
Conference ”When a child gets hurt” 04.12.2014 Tallinn, Estonia Incest and its specific features Riitta Silver Development Manager in Legal Matters, Rape Crises Center Tukinainen, Finland www.tukinainen.fi Finland Financial support: Slot machine association in Finland (Ray)
Rape Crises Centre Tukinainen is founded in 1993 Funded by the Finnish Slot Machine Association Serves clients everywhere in Finland
Special waiting rooms for victims Address is private because of clients’ safety
Tukinainen, the support center for victims who have been sexually assaulted (NGO) provides help, support and guidance for persons who have been sexually assaulted, raped and/ or abused and for their families - the therapeutic and legal help of Tukinainen is free of charge for victims influences the professional and legal procedures, as well as the authorities and public opinion in order to decrease and prevent sexual assaults experienced by women and girls (about 90% of sexually assaulted are girls/ women) provides cooperation, consultation and training for professionals, authorities, organisations and educational institutions in a variety of fields supplements the social and health services as well as official system in its own special field, cooperate with other associations, ministries, works in Finnish network against trafficking and child sex tourism
WHAT MEANS INCEST OF JURIDICAL VIEW? A CRIMINAL OFFENCE RAPE OR/AND SEXUAL ABUSE OF A CHILD CLOSE RELATIONSHIP BETWEEN THE VICTIM AND THE PERPETRATOR - a familymember PENAL CODE WHICH WAS IN FORCE WHEN A CRIME HAPPENED WILL BE APPLIED
Finnish Penal Code Chapter 20 Sexual offences Section 1 – Rape A person who coerces another into sexual intercourse by the use of violence or threat of violence shall be sentenced for rape to imprisonment for at least one year and at most six years. Also a person who, by taking advantage of the fact that another person, due to unconsciousness, illness, disability, state of fear or other state of helplessness, is unable to defend himself or herself or to formulate or express his or her will, has sexual intercourse with him or her, shall be sentenced for rape. (495/2011) If the rape, in view of the slightness of the threat and the other particulars of the offence, when assessed as a whole, the rape is less serious than in a case of moment 1 or 2, the offender shall be sentenced for rape to imprisonment for at least 4 months and at most four years. Also by the use of other kind of threat in rape than in 1 moment mentioned shall a person be sentenced for rape. By the use of violence in rape this moment can not be used. An attempt is punishable.
Finnish Penal Code Chapter 20 Sexual offences Section 2- Aggravated rape If, in the rape, - grievous bodily injury, serious illness or a state of mortal danger is inflicted on another; - the offence is committed by several people; or especially hard mental or physical suffering is caused; - the offence is committed in a particularly brutal, cruel or humiliating manner; or a firearm, edged weapon or other lethal instrument is used or a threat of other serious violence is made, - victim is under 18 years old and the rape is aggravated also when assessed as a whole, the offender shall be sentenced for aggravated rape to imprisonment for at least two years and at most ten years. An attempt is punishable.
Finnish Penal Code Chapter 20 Sexual offences Section 5 - Sexual abuse A person who abuses his/her position and entices one of the following into sexual intercourse, into another sexual act essentially violating his/her right of sexual self-determination, or into submission to such an act, - a person younger than eighteen years of age, who in a school or other institution is subject to the authority or supervision of the offender or in another comparable manner subordinate to the offender; - a person younger than eighteen years of age, whose capacity of independent sexual self-determination, owing to his/her immaturity or the age difference of the persons involved, is essentially inferior to that of the offender, where the offender blatantly takes advantage of the immaturity,
Finnish Penal Code Chapter 20 Sexual offences Section 5 - Sexual abuse a patient in a hospital or other institution, whose capacity to defend himself/herself is essentially impaired owing to illness, handicap or other infirmity; or - a person who is especially dependent on the offender, where the offender blatantly takes advantage of the dependence, shall be sentenced for sexual abuse to a fine or to imprisonment for at most four years An attempt is punishable
Finnish Penal Code Chapter 20 Sexual offences Section 6 - Sexual abuse of a child (540/2011) (1)A person who by touching or otherwise performs a sexual act on a child younger than sixteen years of age, said act being conducive to impairing his or her development, or induces him or her to perform such an act, shall be sentenced for sexual abuse of a child to imprisonment for at least four months and at most four years. (2) Also a person who has sexual intercourse with a child younger than sixteen years of age, if the offence when assessed as a whole is not aggravated in the manner referred to in section 7, subsection 1, shall be sentenced for sexual abuse of a child. In addition, a person who acts in the manner referred to in subsection 1 or above in the present subsection with a child who has reached the age of sixteen but is younger than eighteen years of age, if the offender is the parent of the child or is in a position comparable to that of a parent and lives in the same household with the child, shall be sentenced for sexual abuse of a child. (3) An attempt is punishable.
Finnish Penal Code Chapter 20 Sexual offences Section 7 - Aggravated sexual abuse of a child (540/2011) (1) If a person has sexual intercourse with a child below the age of sixteen or in the cases referred to in section 6, subsection 2 with a child who has reached the age of sixteen but is younger than eighteen years of age, or (2) in sexual abuse of a child – (a) the victim is a child whose age or stage of development is such that the offence is conducive to causing special injury to him or her, – (b) the offence is committed in an especially humiliating manner, or – (3) the offence is conducive to causing special injury to the child due to the special trust he or she has placed in the offender or the special dependence of the child on the offender, and the offence is aggravated also when assessed as a whole, the offender shall be sentenced for aggravated sexual abuse of a child to imprisonment for at least one year and at most ten years. (2) An attempt is punishable.
– DUTY TO NOTIFY OF A CRIME? – WHO IS DUTY TO? » REPORT TO CHILD WELFARE AUTHORITY » REPORT TO THE POLICE
Child Welfare Act (Finland, No. 417/2007; amendments up to 976/2013 included) Chapter 5 – Becoming a child welfare client Section 25 (88/2010) – Duty to notify Subsection 1: Persons employed by, or in positions of trust for, 1) social and health-care services and child day care, 2) education services; 3) youth services; 4) the police service; 5) the Criminal Sanctions Agency; 6) fire and rescue services; 7) social welfare and health care service providers; 8) education or training provider; 9) a parish or other religious community; 10)a reception centre and organisation centre referred to in section 3 of the Act on Reception of People Seeking International Protection (746/2011); 11) a unit engaged in emergency response centre activities; or 12)a unit engaged in morning and afternoon activities for schoolchildren
Child Welfare Act (Finland) as well as persons working in a principal/contractor relationship or as independent professionals, and all health care professionals have a duty to notify the municipal body responsible for services without delay and notwithstanding confidentiality provisions if, in the course of their work, they discover that there is a child for whom it is necessary to investigate the need for child welfare on account of the child’s need for care, circumstances endangering the child’s development, or the child’s behaviour. (911/2012) Subsection 2: Persons other than those referred to in subsection 1 may also submit such a notification, notwithstanding any confidentiality regulations that may apply. Subsection 3: Persons referred to in subsection 1 have a duty, notwithstanding confidentiality provisions, to notify the police when they have cause to suspect on the basis of circumstances that have come to their knowledge an act punishable under Chapter 20 of the Penal Code (39/1889). (542/2011) (4) Notwithstanding the provisions of subsections 1 and 3, any separate provisions or regulations concerning Christian Confirmation or other form of pastoral care will apply.(542/2011)
Child Welfare Act (Finland) Section 25d (88/2010) - Child welfare authorities’ notification duty and supplying confidential information to the police … Notwithstanding confidentiality provisions, the child welfare authorities must notify the police if there are reasonable grounds to suspect that in the environment within which a child is being brought up, the child has been the subject of an action punishable under Chapter 21 of the Penal Code, for which the maximum penalty prescribed is at least two years imprisonment. The child welfare authorities are obliged to notify the police of any actions punishable under Chapter 20 of the Penal Code that a child has been subject to, as provided in section 25(3) of this Act.
EXPERIENCES AND FACTS ABOUT INCEST AND SEXUAL ABUSE OF A CHILD » ACCORDING RAPE CRISES CENTER’S STATISTICS Statistics 2013 /First calls
Information of persons, who make a phone call: victim (66,24 %) near relative (18,38) other relative (< 2%) friend (> 2 %) authority (11,54 %) Other (> 1%)
Age of Victim, when sexual violence has happened: no information (32,34 %) under 7 years (8,46 %) under 10 years (6,97 %) 11-15 years (16,92 %) 16-20 years (17,41%) 21-30 years (9,45 %) 31-40 years (4,48 %) 41-50 years (2,99 %) over 60 years (1,00 %)
rape (40,1%) –adults and children sexual abuse 6,4 % forcing to sexual act (5,9 %) incest (13,6%) other child sexual abuse (16,2%) suspected incest/ abuse (1-2 %)
Time between, a sexual crime has happened and a victim of a sexual crime has called to Tukinainen: less than 2 weeks (4,37 %) less than 3 months (11,17 %) less than 6 months (6,80 %) less than a year (11,17 %) less than 5 years (13,11 %) less than 10 years (6,80 %) over 10 years (8,74%) over 20 years (10,19 %) time of commision is not limited (commision is continuous) (6,80%) no information (6,31 %)
Reporting: report of an offence has been done (26,52 %) no report of an offence (25,30 %) hearing (17,07 %) criminal investigation is unfinished (11,28 %) criminal investigation is finished (3,05 %) consideration of charges (> 1%) remission of prosecution (1,22 %) legal process is unfinished (4,27 %) has complained to higher court instance (2,13 %) legal process is finished (> 1%) accused person has passed judgement (> 0,5 %) adverse decision (> 0,7 %) report of an offence has taken back (>0,7 %) statue-barred offence (2 %) conciliation (3,05 %) no information (2,13 %)
Symptoms of victims of sexual violence: physical (13,41 %) mental (27,94 %) PTSD (post traumatic stress disorders) (23,62%) social (11,68 %) sexual (5,8 %) economical (< 1 %) changes of circumstanses of victim’s life (change of work, apartment) (6,06 %) work/studingdisability (4,84 %) self-destructive (1,38 %) abuser of intoxicants (1,38 %)
Incest and its specific features- Conclusions 1. E xperiences with sexual abuse date back years (10-20 years) 1.. Sexual abuse of a child as a crime can be too old case to prosecute in a criminal proceedings 2. Perpetrator is / has been in a confidental relationship with a child (a family member) 3.Sexual abuse has continued a long period - Step by step toward more harmful acts 4. Reasons why the sexual abuse of a child has not come to light - family secrets – forbidden to speak - threat of a perpetrator and state of fair - feelings of a victim to be self guilty for sexual abuse - conflict of interest: parents don’t support a victim - victim has no support or help in her childhood
Incest and its specific features- Conclusions 5. Long-term symptoms for a victim: affects the person’s entire wellbeing, mental symptoms such as depression, post-traumatic stress disorder 6. Authorities have not been able to identify symptoms of a victim 7. Not until as an adult the victim can talk first time about the abuse and want to report to police. Sexual abuse of a child as a crime can be too old case to prosecute in a criminal proceedings 8. A need for a long therapy 9. Economical costs for a victim
Sensitiveness Info for Victims and Professionals Based on the Eu-directive and the Istanbul Convention - Vulnerable victims and their rights Rape Crises Center Tukinainen Finland