Legal provisions on protection orders
Restraining orders can be issued for sexual assault. Assault is considered aggravated if 1) grievous bodily injury or serious illness is caused to another person or another person is placed in mortal danger, 2) the offence is committed in a particularly brutal or cruel manner, 3) or a firearm, an edged weapon (knife) or other comparable lethal instrument is used. In addition, the offence is assessed as a whole and this assessment has to lead to the conclusion that it was aggravated (Criminal Code, Chapter 21(6)). The context, whether the assault was made against an intimate partner or other close person has not been a factor that the court would specifically point out in its verdicts. However, according to the preparatory works (RP 1993/94) the element number 2 above, particular cruelty should include the situations, in which the victim has been particularly vulnerable. On the other side, the Supreme Court has explicitly taken the position that jealousy is not a mitigating factor.
Observations
There is no specific legal provision on "sexual assault", but sexual abuse of persons over the legal age of 16 is forbidden in the separate paragraphs depending on the position of the perpetrator. Persons under 18 years (but over 16 years) are protected from sexual relationships with persons in charge in schools or similar institutions, and also if the perpetrator takes advantage of their immaturity. Sexual abuse is always punishable if the victim is treated in a hospital or similar institution and the perpetrator takes advantage of victim’s sickness or disability or if there is some other kind of dependent relationship between the perpetrator and the victim and this dependency is misused. The last category of sexual abuse includes all cases in which the victim is for some reason (unconsciousness, sickness, disability) in a vulnerable position and the perpetrator takes sexual advantage of this. In these cases the prosecutor can drop the charges if the victim asks for it with “firm will”.