OFFENSES OF SEXUAL INTERFERENCE (FROM PAPERS ON CRIME CONTROL, 1977-1978, BY INKERI ANTTILA SEE NCJ-58108)

• NCJ Number: 58115
• Author(s): I ANTTILA
• Date Published: 1978
• Length: 14 pages
• Corporate Author: Research Institute of Legal Policy
• Sale Source: National Institute of Justice/
• Language: English
• Country: Finland
• Note: GENERAL INTRODUCTION FOR THE COLLOQUIUM ON RECENT DEVELOPMENTS OF OFFENSES OF SEXUAL INTERFERENCE, STOCKHOLM, SWEDEN, MAY 31-JUNE 3, 1978

Annotation

CONSIDERATIONS IN ATTRIBUTING CRIMINALITY TO FORMS OF SEXUAL BEHAVIOR ARE DISCUSSED, WITH PARTICULAR ATTENTION TO LAWS AND PRACTICES IN FINLAND AND TO THE OFFENSES OF RAPE AND CHILD MOLESTATION.

Abstract

EACH SOCIETY HAS NORMS THAT LIMIT THE SEXUAL ACTIVITY OF ITS MEMBERS. HOWEVER, THE EXTENT TO WHICH CRIMINAL LAW ENTERS INTO THE CONTROL OF SEXUAL BEHAVIOR DEPENDS ON THE STAGE OF A SOCIETY'S DEVELOPMENT. THERE ARE SEVERAL APPROACHES THAT SOCIETIES MAY TAKE TO CONTROLLING SEXUAL BEHAVIOR: (1) CONNECTING SUCH CONTROL EXCLUSIVELY TO THE GOAL OF PROPAGATION AND THROUGH THIS TO BELIEFS REGARDING MARRIAGE AND THE FAMILY; (2) VIEWING SEXUAL BEHAVIOR AS SOCIAL EXCHANGE, WHICH SHOULD BE BASED ON RECIPROCITY RATHER THAN VIOLENCE OR EXPLOITATION; AND (3) TRYING TO FIND METHODS OF CONTROL THAT MINIMIZE SUFFERING AND HARM IN SOCIETY. IN FINLAND, AS IN MANY OTHER COUNTRIES, THE 1960'S WERE YEARS OF SEXUAL LIBERATION. PENAL LAWS DEALING WITH SEXUAL OFFENSES (E.G., HOMOSEXUAL ACTIVITY, INCEST) AND OTHER LAWS PERTAINING TO SEXUAL BEHAVIOR (ABORTION, PROSTITUTION) BECAME LESS SEVERE, AS DID COURT PRACTICES IN SEX-RELATED CASES AND PUBLIC ATTITUDES TOWARD SEX OFFENSES AND THE VICTIMS OF SEXUAL ASSAULT. HOWEVER, THERE WAS AT THE SAME TIME A COUNTERTREND, ASSOCIATED WITH A GROWING EMPHASIS ON WOMEN'S FREEDOM OF ACTION, TOWARD GREATER PROTECTON OF WOMEN FROM SEXUAL ASSAULT. THESE CONFLICTING TRENDS HAVE PRODUCED MIXED ATTITUDES TOWARD SEXUAL ASSAULT IN MANY COUNTRIES. A NUMBER OF QUESTIONS MUST BE ADDRESSED IN DETERMINING THE LEGAL DEFINITION OF RAPE (E.G., WHETHER HOMOSEXUAL CONDUCT IS TO BE INCLUDED, WHAT CONSTITUTES CONSENT, WHETHER HUSBANDS CAN BE CONVICTED OF RAPING THEIR WIVES). TRIALS INVOLVING RAPE OFTEN CONTAIN MANY PROBLEMS RELATED TO THE STRUCTURE OF THE LEGAL DEFINITION. WITH REGARD TO CHILD MOLESTATION, PROBLEMS OF LEGAL DEFINITION CENTER ON THE FOLLOWING ISSUES: THE UPPER AGE LIMIT FOR THE OFFENSE; WHETHER THE AGE LIMIT SHOULD BE DIFFERENT FOR HOMOSEXUAL AND HETEROSEXUAL BEHAVIOR; AND, IN CASES INVOLVING OLDER CHILDREN, WHETHER THE RIGHT TO RAISE CHARGES BELONGS TO THE CHILD OR TO THE CHILD'S LEGAL GUARDIANS. (LKM)