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Time for Change FINAL ORIGINAL190329 TIME FOR CHANGE JUSTICE FOR RAPE SURVIVORS IN THE NORDIC COUNTRIES Amnesty International is a global movement of more than 7 million people who campaign for a world where human rights are enjoyed by all. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. © Amnesty International 2019 Except where otherwise noted, content in this document is licensed under a Creative Commons (attribution, non-commercial, no derivatives, international 4.0) licence. https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode For more information please visit the permissions page on our website: www.amnesty.org Where material is attributed to a copyright owner other than Amnesty International this material is not subject to the Creative Commons license First published in 2019 by Amnesty International Ltd Peter Benenson House, 1 Easton Street London WC1X 0DW, UK Index: EUR 01/0089/2019 Original language: English amnesty.org CONTENTS EXECUTIVE SUMMARY 7 BACKGROUND 10 THE “NORDIC PARADOX” 11 METHODOLOGY 12 ACKNOWLEDGEMENTS 13 14 TERMINOLOGY 1. INTERNATIONAL HUMAN RIGHTS LAW 15 1.1 DEFINITION OF RAPE 15 1.1.1 CONSENT 16 1.1.2 AGGRAVATING CIRCUMSTANCES 17 1.2 ACCESS TO JUSTICE 17 1.3 VICTIM PROTECTION 18 2. RAPE AND HUMAN RIGHTS IN NORWAY 19 2.1 EXECUTIVE SUMMARY 19 2.2 INTRODUCTION 20 21 2.3 THE SCALE OF THE PROBLEM 2.3.1 CONSEQUENCES 21 2.3.2 PREVALENCE 21 2.3.3 REPORTING 22 22 2.3.4 INVESTIGATIONS 2.3.5 CASE CLOSURES AND PROSECUTION 23 2.4 BARRIERS TO JUSTICE: THE LAW 24 25 2.4.1 DEFINITION OF RAPE 26 2.4.2 THE PRINCIPLE OF PROPORTIONALITY 26 2.4.3 AGAINST HER WILL 27 2.4.4 CRIMINALISATION OF NON-CONSENSUAL ACTIVITY 2.4.5 CRIMINALISATION OF RAPE BY GROSS NEGLIGENCE 27 28 2.5 BARRIERS TO JUSTICE: REPORTING 2.5.1 MYTHS ABOUT RAPE AND GENDER STEREOTYPES 28 2.5.2 WAITING TO REPORT 29 2.5.3 SURVIVORS EXPERIENCE OF REPORTING 30 2.6 BARRIERS TO JUSTICE: THE LEGAL PROCESS 30 2.6.1 DECISIONS TO CLOSE INVESTIGATIONS 30 2.6.2 QUALITY OF POLICE INVESTIGATIONS 31 2.6.3 PROLONGED PROCESSES 33 2.7 BARRIERS TO JUSTICE: IN THE COURTS 34 2.7.1 RAPE MYTHS AND CREDIBILITY 34 2.7.2 LACK OF TRAINING FOR JUDGES 35 2.7.3 THE RIGHT TO COMPENSATION 35 2.8 POSITIVE INITIATIVES 36 2.8.1 LEGAL COUNSEL TO THE VICTIM 36 2.8.2 ACCESS TO SEXUAL ASSAULT CENTRES 36 2.9 RECOMMENDATIONS 37 3. RAPE AND HUMAN RIGHTS IN FINLAND 39 3.1 EXECUTIVE SUMMARY 39 3.2 INTRODUCTION 40 3.2.1 THE SCALE OF THE PROBLEM 40 3.2.2 RATES OF REPORTING AND CONVICTION 41 3.3 BARRIERS TO JUSTICE: THE LAW 42 3.3.1 THE NATIONAL LEGAL FRAMEWORK 42 3.3.2 CONSENT 43 3.3.3 FOCUSING ON RESISTANCE 44 3.3.4 GAPS IN THE CURRENT DEFINITION OF RAPE 45 3.3.5 CATEGORIES OF RAPE 45 3.3.6 SEXUAL ABUSE – ABUSING A POSITION OF POWER 46 3.3.7 RAPE IN CLOSE RELATIONSHIPS 46 3.4 BARRIERS TO JUSTICE: THE LEGAL PROCESS 47 3.4.1 SURVIVORS’ EXPERIENCES OF THE LEGAL PROCESS 47 3.4.2 HEALTH CARE PROFESSIONALS 47 3.4.3 THE POLICE 49 3.4.4 LEGAL COUNSEL 51 3.4.5 PROSECUTORS AND THE COURTS 51 3.4.6 MYTHS ABOUT RAPE AND GENDER STEREOTYPES 53 3.4.7 LENGTHY PROCEEDINGS 53 3.5 BARRIERS TO JUSTICE: LACK OF SPECIALIST TRAINING, SUPPORT AND RESOURCES 54 3.5.1 SUPPORT FOR SURVIVORS 54 3.5.2 SPECIALIZED TRAINING FOR THE POLICE, PROSECUTORS AND JUDGES 56 3.6 RECOMMENDATIONS 57 TIME TO CHANGE JUSTICE FOR RAPE SURVIVORS IN THE NORDIC COUNTRIES Amnesty International 4. RAPE AND HUMAN RIGHTS IN DENMARK 59 4.1 EXECUTIVE SUMMARY 59 4.2 INTRODUCTION 59 4.2.1 ENDEMIC IMPUNITY 60 4.2.2 GAPS IN DATA COLLECTION 61 4.3 BARRIERS TO JUSTICE: THE LAW 62 4.3.1 THE DEFINITION OF RAPE IN LAW 62 4.3.2 PENALTIES AND AGGRAVATING CIRCUMSTANCES 65 4.4 BARRIERS TO REPORTING RAPE 66 4.4.1 LACK OF CONFIDENCE IN THE POLICE 67 4.4.2 POLICE RESPONSES TO REPORTS OF RAPE 67 4.4.3 LACK OF PRIVACY WHEN REPORTING 68 4.4.4 POLICE TREATMENT OF VICTIMS DURING INTERVIEW 68 4.5 BARRIERS TO JUSTICE: THE LEGAL PROCESS 69 4.5.1 LIMITED ACCESS TO EXPERIENCED VICTIM’S LEGAL COUNSEL 69 4.5.2 FLAWED INVESTIGATIONS 70 4.5.3 ACCESS TO INFORMATION AND COMMUNICATION WITH SURVIVORS 72 4.5.4 LENGTHY LEGAL PROCESS 72 4.5.5 GAPS IN TRAINING OF PROFESSIONALS 74 4.5.6 SURVIVORS’ EXPERIENCES IN COURT 74 4.6 BARRIERS TO JUSTICE: RAPE MYTHS AND GENDER STEREOTYPES 75 4.7 RECOMMENDATIONS 76 5. RAPE AND HUMAN RIGHTS IN SWEDEN 77 5.1 EXECUTIVE SUMMARY 77 5.2 INTRODUCTION 78 5.2.1 THE SCALE OF THE PROBLEM 79 5.2.2 REPORTING TO THE POLICE 80 5.2.3 PROSECUTION AND CONVICTION 81 5.2.4 LACK OF TRANSPARENT DATA 81 5.3 THE 2018 LAW ON SEXUAL CRIMES 82 5.3.1 IMPACT OF THE NEW LAW 82 5.4 BARRIERS TO JUSTICE: THE LEGAL PROCESS 83 5.4.1 MYTHS ABOUT RAPE AND GENDER STEREOTYPES 83 5.4.2 INITIAL POLICE REPORT 84 5.4.3 ACCESS TO LEGAL AID 85 5.4.4 THE INVESTIGATION 87 5.4.5 SECURING THE EVIDENCE 88 5.4.6 PRE-TRIAL DETENTION 90 5.4.7 LENGTHY PROCEEDINGS 91 TIME TO CHANGE JUSTICE FOR RAPE SURVIVORS IN THE NORDIC COUNTRIES Amnesty International 5.4.8 CLOSED CASES 92 5.4.9 TRAININGS OF POLICE AND PROSECUTORS 93 5.5 SUPPORTING SURVIVORS 93 5.5.1 ACCESS TO INFORMATION 93 5.5.2 ACCESS TO HEALTH CARE 94 5.6 PREVENTION: THE ROLE OF SCHOOLS 95 5.6.1 SEXUALITY EDUCATION 96 5.7 RECOMMENDATIONS 97 TIME TO CHANGE JUSTICE FOR RAPE SURVIVORS IN THE NORDIC COUNTRIES Amnesty International EXECUTIVE SUMMARY “All those hopes for justice and redress, and in the end - nothing. It was just another police report. I don’t believe in the justice system today. I don’t think it works the way it should” Karina, Sweden Gender-based violence remains widespread in Europe, and the Nordic countries examined in this report (Denmark, Finland, Norway and Sweden) are no exception. Despite various efforts, including legislative changes and other measures, the level of gender-based violence, including rape and other sexual violence, as well as impunity for these crimes remain high in the Nordic region. While statistics are gathered in different and incomparable ways in the countries examined here, all countries show a low level of reporting by rape survivors and of those rape survivors who do report, few see their cases ultimately heard in court. This affects confidence in the will and ability of the authorities to prosecute these serious crimes, both among rape survivors and the public, further exacerbating impunity for sexual violence. For instance, in Finland, some 50,000 women experience sexual violence, including rape, but in 2017 (the last year for which the figures are available), convictions were obtained in the cases of just 209 charges of rape. Women in all four Nordic countries examined in this report encounter multiple barriers to access to justice for rape and sexual violence. This stands in stark contrast to the high scores the region has consistently achieved in gender equality in many areas of life. For this report, Amnesty International interviewed 45 women and girls who have experienced rape. Interviewees came from diverse ethnic and national backgrounds, some of which are highlighted in cases where the survivors felt these backgrounds affected their experiences of rape or their legal process. In all four countries, Amnesty International also conducted extensive desk research, drawing from studies conducted by state bodies and official statistics, among other documents. The organisation shared its findings with the authorities in the four countries and sought their written feedback on the main conclusions ahead of this report. This report updates the Amnesty International research, Case Closed: Rape and human rights in the Nordic countries, published in 2008. Since its publication more than ten years ago, there has been progress and important steps were taken to enable effective prosecution of acts of rape in the countries, with Sweden taken a significant step forward in 2018, after long and effective campaigning by women’s rights groups and activists, with the introduction of legislation to recognise that sex without consent is rape. However, this new research shows the significant changes that all four countries, including Sweden, still need to make to fully bring their legislation and practices in line with human rights law and ensure effective and meaningful access to justice for rape survivors. In Norway, Finland and Denmark a key factor in denying rape survivors’ access to justice is the law itself. Although all are parties to the Council of Europe Convention on Preventing and Combatting Violence against Women and Domestic Violence (the Istanbul Convention), they have yet to introduce legislation which defines rape clearly in terms of lack of consent. While the definitions in the laws of each country vary, they each in different ways define rape in terms of the use or threat of violence or the ability of the victim to resist, rather than on the absence of freely given consent.
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