CASE CLOSED RAPE AND HUMAN RIGHTS IN THE NORDIC COUNTRIES CASE CLOSED RAPE AND HUMAN RIGHTS IN THE NORDIC COUNTRIES The Danish, SWedish, Finnish and NORWegian sections OF AMNESTY INTERNATIONAL case closed taBle of contents 1. introduction 6 3. RAPE and human rights IN SWEDEN 45 1.1 INTERNATIONAL HUMAN RIGHTS LAW 7 3.1 SUMMARY 45 1.1.1 Rule of law 9 1.1.2 Support and assistance 10 3.2 INTERNATIONAL CRITICISM 46 1.1.3 Change of attitudes 10 3.3 LEGAL FRAMEWORK 46 1.2 RAPE IN THE NORDic COUNTRIES 11 3.3.1 History 46 3.3.2 Current law 47 1.3 A PRIORITY ISSUe – bUT STILL AN ALARMING REALITY 13 3.3.3 Rape provisions 47 1.3.1 Attrition 13 3.3.4 Sexual coercion 49 3.3.5 Levels of sanctions 49 2. RAPE and human rights in denmarK 15 3.3.6 Follow-up of the rape legislation 49 3.3.7 Amnesty International Sweden’s main concerns 51 2.1 SUMMARY 15 3.4 THE SCALE OF THE PROBLEM 52 2.2 LEGAL FRAMEWORK 16 3.4.1 Unreported cases 52 3.4.2 Reported rapes 54 2.2.1 History 16 3.4.3 Different types of rape 55 2.2.3 Vice crimes as opposed to sexual crimes 18 3.4.4 Amnesty International Sweden’s main concerns 58 2.2.4 Level of sanctions 19 2.2.5 Criminal intention 20 2.2.6 Amnesty International Denmark’s main concerns 20 3.5 THE LEGAL JOURNEY 58 3.5.1 The decision to prosecute 60 2.3 THE SCALE OF THE PROBLEM 21 3.5.2 Review of the prosecutor’s decision 62 2.3.1 Estimates of prevalence 21 3.5.3 Convictions 62 2.3.2 Acquaintance rape most common 21 3.5.4 The legal process in rape cases 63 2.3.3 Rape victims are young women 22 3.5.5 Rape investigations and investigative quality 65 2.3.4 Reported rapes 22 3.5.6 Interviewing the complainant 67 2.3.5 Amnesty International Denmark’s main concerns 24 3.5.7 Interrogation of the suspect 70 3.5.8 Securing of evidence and legal certificates 72 2.4 THE LEGAL JOURNEY 24 3.5.9 Court proceedings 73 3.5.10 Attitudes 74 2.4.1 A rape case’s judicial path 24 3.5.11 Education, specialisation and cooperation: 2.4.2 High attrition rate 26 the police and the prosecution authorities 75 2.4.3 In many cases charges are not pressed 26 3.5.12 Education and specialisation: judges 79 2.4.4 The majority of charges in rape cases are dropped 29 3.5.13 Amnesty International Sweden’s main concerns 80 2.4.5 Examples of restrictive prosecution practices 32 2.4.6 The rape case in court 36 2.4.7 Amnesty International Denmark’s main concerns 37 3.6 SUPPORT FOR VICTIMS OF RAPE 81 3.6.1 Legal support – complainant’s counsel 82 2.5 SUPPORT FOR vicTIMS OF RAPE 38 3.6.2 Medical, psychological and social support 82 2.5.1 Legal status and counselling 38 3.6.3 Amnesty International Sweden’s main concerns 84 2.5.2 Help and support for survivors of rape and sexual violence 39 3.7 POLITICAL LEADERSHIP 2.6 POLITicAL LEADERSHIP IN RELATION TO SEXUAL CRIMES AGAINST WOMEN 85 iN RELATION TO SEXUAL CRIMES AGAINST WOMAN 39 3.7.1 Amnesty International Sweden’s main concerns 86 2.7 AMNESTY INTERNATIONAL DENMARk’S 3.8 AMNESTY INTERNATIONAL SWEDEN’S RECOMMENDATIONS 40 RECOMMENDATIONS TO THE SWEDISH GOVERNMENT 86 taBle of contents 4. Rape and human rights in Finland 88 5.4 THE SCALE OF THE PROBLEM 123 5.4.1 Unreported rapes 123 4.1 SUMMARY 88 5.4.2 Reported rapes 124 5.4.3 Why rape is not reported 125 5.4.4 Amnesty International Norway’s main concerns 126 4.2 INTERNATIONAL CRITiciSM 89 5.5 THE LEGAL JOURNEY 126 4.3 LEGAL FRAMEWORK 90 5.5.1 A question of credibility 126 4.3.1 Historical development of the law on sexual offences in Finland 90 5.5.2 Police investigations 127 4.3.2 Current Law 91 5.5.3 Medical evidence 131 4.3.3 Definitions of rape, aggravated rape, 5.5.4 Police organisation and competence 132 coercion into sexual intercourse and sexual abuse 93 5.5.5 The decision to prosecute 134 4.3.4 Level of convictions 94 5.5.6 Rape cases in court 135 4.3.5 Problems with the current Finnish legislation on sexual offences 96 5.5.7 Amnesty International Norway’s main concerns 137 4.3.6 Amnesty International Finland’s main concerns: 100 5.6 SUPPORT FOR THE vicTIMS OF RAPE 137 4.4 THE SCALE OF THE PROBLEM 100 5.6.1 Access to sexual assault centres 137 4.4.1 Estimates of prevalence 100 5.6.2 Legal counsel to the victim 138 4.4.2 Reported rapes 102 4.4.3 Amnesty International Finland’s main concerns: 103 5.7 POLITicAL LEADERSHIP RELATING TO SEXUAL CRIMES AGAINST WOMEN 139 4.5 THE LEGAL JOURNEY 104 4.5.1 Reporting the crime to the police and the police investigation 105 5.8 AMNESTY INTERNATIONAL NORWAY’S 4.5.2 Step two: prosecution. 106 RECOMMENDATIONS 140 4.5.3 Court proceedings and the courts’ attitude to rape 109 4.5.4 Amnesty International Finland’s main concerns: 111 6. CONCLUSIONS 142 4.6 LEGAL AND PSYCHOSOciAL SUPPORT FOR vicTIMS OF RAPE 111 6.1 LEGAL FRAMEWORK 142 4.6.1 Amnesty International Finland’s main concerns 113 6.1.1 Definitions of rape and legislative provisions 143 6.1.2 Rape by gross negligence 144 4.7 POLITicAL LEADERSHIP 6.2 THE SCALE OF THE PROBLEM 144 RELATING TO SEXUAL CRIMES AGAINST WOMEN 113 6.2.1 Young women 146 4.7.1 Sexual violence is gender-based 113 4.7.2 Need for a specific national action plan to combat violence against women in Finland 114 6.3 THE LEGAL JOURNEY 146 6.3.1 Police investigation 147 4.8 AMNESTY INTERNATIONAL FiNLAND’S 6.3.2 Attitudes 148 6.3.3 Lack of transparency 149 RECOMMENDATIONS 116 6.4 SUPPORT FOR THE VICTIMS OF RAPE 149 5. RAPE and human rights IN NORWAY 118 6.4.1 Support services 149 6.4.2 Legal counsel 150 5.1 SUMMARY 118 6.5 POLITICAL LEADERSHIP 5.2 INTERNATIONAL CRITiciSM 118 RELATING TO SEXUAL CRIMES AGAINST WOMEN 150 6.7 RECOMMENDATIONS TO THE NORDIC GOVERNMENTS 152 5.3 LEGAL FRAMEWORK 120 5.3.1 History 120 5.3.2 Current law 120 7. References 154 5.3.3 Level of sanctions 122 5.3.4 Amnesty International Norway’s main concerns 123 8. AnneX 166 case closed 1. introduction “Eliminating violence In 2004, Amnesty International launched its global campaign Stop Violence Against against women remains Women. The campaign has addressed several forms of gender-based violence against one of the most serious girls and women in various contexts and countries in all regions of the world. This report, challenges of our time. The which deals with deficiencies in law and practice in relation to rape crimes in the Nordic knowledge base and tools countries (Denmark, Sweden, Finland and Norway), is part of the Stop Violence Against campaign. to prevent and eliminate Women violence against women In all societies worldwide the unequal power balance between men and women gen- developed over the past erates, and contributes to, attitudes of acceptance towards crimes such as domestic decade must be utilized violence, rape and other forms of sexual abuse. Frequently governments and states take more systematically and only inadequate action, or none at all, to combat and prevent violence against women, effectively to stop all failing to protect women from such violence and to provide victims with remedies – both violence against women. legal and practical – for the crimes perpetrated against them. This requires clear political will, outspoken, visible and Additionally, men’s violence in intimate relationships is often considered a ”private” mat- unwavering commitment ter, which means that rape within marriage is not a criminal offence in many countries. at the highest levels of In the majority of cases, such crimes are not properly investigated and the perpetrators leadership of the State and are rarely punished. Often governments fail even to acknowledge that violence against the resolve, advocacy and women is both a societal problem and a human rights violation. Even in states where laws have been adopted to safeguard the right of women to live a life free of such violence, practical action of individu- the laws are not effectively implemented. As a result, many states fail to ensure gender als and communities.” equality in general and to deal effectively with gender-based violence in particular. UN Secretary General, In-depth study on all forms of violence International human rights law, however, requires states as part of their efforts to eradi- against women.1 cate discrimination to take action to prevent acts of violence against women, to investi- gate and punish the perpetrators and to provide survivors with full remedies. Throughout its campaign Stop Violence Against Women, Amnesty International has drawn attention to the situation in numerous countries around the world and addressed issues such as the lack of legal protection and reparation for women subjected to domes- tic violence, rape and other forms of sexual violence, as well as so-called honour killings, gender-based violence in armed conflict, trafficking, and the multiple forms of discrimi- nation involved in gender-based violence against women from minority and indigenous groups.