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Sexual intercourse with a person against his or her will by using force or taking advantage of a situation in which the person is not capable of initiating resistance or comprehending the situation
Legal SourceCriminal Code, Article 141
Legal provisions on protection ordersNo legal provision
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- Estonia
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ObservationsThere is no specific definition of “sexual assault” in the Criminal Code, however, it lists the following acts as criminal offences: satisfaction of sexual desire by violence (Section 142), compelling person to engage in sexual intercourse (Section 143), compelling person to satisfy sexual desire (Section 143)
Legal SourceCriminal Code, Sections 142 and 143
Legal provisions on protection ordersNo legal provision
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- Estonia
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Occurs where any form of unwanted verbal, non-verbal or physical conduct or activity of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating a disturbing, intimidating, hostile, degrading, humiliating or offensive environment.
ObservationsThe Gender Equality Act also distinguishes "gender harassment" (Art. 3)
Legal SourceGender Equality Act, Article 3
Legal provisions on protection ordersNo legal provision
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- Estonia
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Legal provisions on protection ordersNot defined as crime in the Criminal Code. However, in cases of stalking, it is possible to apply for a restraining order via civil proceedings
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- Finland
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- Violence
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Legal provisions on protection ordersThere are no restraining orders in civil law.
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- Finland
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ObservationsThere is no legal definition of intimate partner violence in the criminal law. It could fall under "assault"
Legal provisions on protection ordersThe initiative for the Act on the Restraining Orders was made by a group of Members of Parliament. The purpose of this proposal was to protect women in intimate relationships. The final Bill, presented to the Parliament in 1998, presented the problem in a wider context. The law on restraining orders came into force in 1999 (4.12.1998/898). There are three types of restraining orders (also called protection orders). All of them can be based on a threat of a crime against life, health or freedom of a person.
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- Finland
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A person who forces another into sexual intercourse by the use or threat of violence shall be sentenced for rape to imprisonment for at least one year and at most six years.
ObservationsSpecial circumstances (in the same legal provision):
- Also a person who, after rendering another person unconscious or arousing in him or her a state of fear or another such state in which he or she is incapable of defending himself or herself, takes advantage of the incapacity and has sexual intercourse with him or her, shall be sentenced for rape.
- An attempt is punishable.
Aggravated rape (Criminal Code, Chapter 20, Section 2)
- If, in the rape,(1) grievous bodily injury, serious illness or a state of mortal danger isintentionally inflicted on another,(2) the offence is committed by several people, or especially hard mental or physical suffering is caused,(3) the offence is committed in a particularly brutal, cruel or humiliating manner, or(4) a firearm, edged weapon or other lethal instrument is used or a threat of other serious violence is made,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.
Coercion into sexual intercourse (Criminal Code, Chapter 20, Section 3)
- If the rape, in view of the slight degree of the violence or threat and the other particulars of the offence, is deemed to have been committed under mitigating circumstances when assessed as a whole, the offender shall be sentenced for coercion into sexual intercourse to imprisonment for at most three years.
- Also a person who coerces another into sexual intercourse by a threat other than that referred to in section 1, subsection 1 shall be sentenced for coercion into sexual intercourse.
- An attempt is punishable.
Coercion into a sexual act (Criminal Code, Chapter 20, Section 4)
- A person who by violence or threat coerces another into a sexual act other thanthat referred to in section 1 or into submission to such an act, thus essentiallyviolating his or her right of sexual self-determination, shall be sentenced for coercioninto a sexual act to a fine or to imprisonment for at most three years.
- An attempt is punishable.
Legal SourceCriminal Code, Chapter 20, Section 1
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- Finland
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ObservationsThere 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”.
Legal provisions on protection ordersRestraining 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.
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- Finland
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Verbal, non-verbal and physical, unwelcome and sexual behaviour that either has a purpose of violating or in fact violates another person’s mental or physical integrity, especially by creating a threatening, hostile, intimidating or oppressive environment
Legal SourceArticle 7
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- Finland
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Legal provisions on protection ordersThe basic restraining order prohibits the assailant from approaching or taking contact with the person he has threatened. Also stalking or attempt to take contact is punishable.
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- France
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In France, "domestic violence" is violence between those engaged within a couple, married or not, as well as violence against the couple’s children, or between a former spouse, partner or civil union partner.
ObservationsDomestic violence can be psychological (offensive words, threats, shouts), physical or sexual abuse. The couple's relationship does not justify forcing a person to have sex with her partner. Violence between those engaged within a couple are aggravated criminal offences that increase penalties.
Legal SourceLaw n° 2010-769 of 2010
Legal provisions on protection ordersArt. 515-9: When violence within the couple or by a former spouse, a former partner under a civil solidarity pact or a former partner, endangers the person who is the victim, and/or one or more children, the Family Court may issue an emergency protection order.
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- France
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Any act of sexual penetration, of any nature whatsoever, committed against another person by violence, constraint, threat or surprise is rape. Rape is punished by fifteen years imprisonment.
Legal SourceCriminal Code, Article 222-23
Legal provisions on protection ordersNo legal provision
144 items / 12 pages