Mikko faces rape allegations under new consent law in Finland

In October of last year, 33-year-old Mikko engaged in a sexual encounter with Johanna. Shortly after, he was approached by the police and informed that he was under suspicion of rape, leaving him shocked as he believed Johanna had participated willingly. Johanna had filed a report stating that Mikko had choked her prior to intercourse, which made her feel incapacitated and afraid.

The law regarding rape was significantly amended at the beginning of last year. Previously, a person was guilty of rape if they forced another using violence or threats. Under the new law, an individual can also be guilty if one party did not give consent, which can be challenging to prove. Investigators like Jutta Antikainen emphasize the difficulty in demonstrating consent, particularly because often only the involved parties were present.

As the investigation unfolded, evidence such as messages exchanged between the parties was reviewed. In many instances, victims initially appear to have consented but later change their minds. This complicates the assessment of consent for law enforcement as they must determine whether the suspect understood that consent was withdrawn.

Mikko maintained his innocence, claiming to have recorded the encounter with a smartwatch, believing this would demonstrate Johanna’s willing participation. However, Johanna reiterated that she did not consent and that the choking occurred before the recording started. Ultimately, investigators found that Johanna had cried during the encounter, but this did not support the claim of forced sex.

The new law was designed to emphasize consent but has led to challenges in obtaining conclusive evidence in rape investigations, raising concerns about its effectiveness. The investigation revealed that anyone could unexpectedly find themselves accused of such a serious crime, highlighting the continuing complexities surrounding consent in sexual relations.