Smartwatch aids in clearing 33-year-old Mikko during sexual assault investigation in Finland

Yle reported on Sunday how a smartwatch played a crucial role in saving 33-year-old Mikko during a sexual assault investigation. Mikko recorded an intimate encounter using his smartwatch, and the audio evidence helped to clear him when authorities began looking into the case.

Legal expert Tatu Hyttinen answered five key questions about recording sexual acts:

1. **Can someone record their own sexual encounter?**
– Yes, it is legal to record audio without informing the other party. The Supreme Court ruled in the 1980s that individuals can record their own speech, with or without the other person’s consent. However, eavesdropping on others’ conversations is illegal.

2. **Is it permissible to take photos or videos?**
– Taking photographs and videos is prohibited without consent. If someone prepares their camera in advance to record, it could lead to charges of voyeurism. If video evidence could later prove innocence in a rape case, courts might consider it, but this could complicate the situation as it may seem to endorse covert recordings.

3. **Do you need to inform the other party when recording?**
– Consent is crucial, and its validity can be questioned if one party is highly intoxicated.

4. **Can recorded audio or images be shared?**
– Legally, sharing identifiable recordings is inadvisable as it can violate privacy rights.

5. **Does the location of the recording matter?**
– Generally, there is no difference in legality whether the recording takes place at home, someone else’s home, or a hotel room. However, voyeurism is prohibited in all these settings.

Mikko’s name has been changed to protect his identity. Last year, a total of 1,653 sexual assault allegations were reported to the police.