Stalking was criminalized in 2014 and a new provision on sexual harassment was added to the Criminal Code (Section 7(a) — Stalking (879/2013)), as follows:
A person who repeatedly threatens, observes, contacts or in another comparable manner unjustifiably stalks another so that this is conducive towards instilling fear or anxiety in the person being stalked.
Harassment is not specifically defined but Section 5(a) of the Criminal Code has a definition of "sexual harassment" at (509/2014), which is as follows:
A person who, by touching, commits a sexual act towards another person that is conducive to violating the right of this person to sexual self-determination, shall be sentenced, unless punishment is provided elsewhere in this Chapter for the act, for sexual harassment to a fine or to imprisonment for at most six months.
In Finland, the Act on Restraining Orders provides for the majority of protection orders. The result is neither a purely criminal nor a purely civil order. The order can be obtained in a quasi-criminal procedure that is not necessarily — not even usually — connected to a criminal prosecution.
The victim, the police, the public prosecutor and social service workers can all apply for an order under the act and the police are obliged to carry out an investigation regarding the desirability of the order. In emergencies, the police can issue an interim protection order. Violating a protection order is a criminal offense. In addition to the orders under the Act on Restraining Orders the courts can impose orders in the course of a criminal procedure, but most orders are granted under the act. Victims can also be protected by means of a barring order.[5]
A restraining order may be imposed if there are reasonable grounds to assume that the person against whom the order is applied for is likely to commit an offense against the life, health, liberty or peace of the person feeling threatened or in some other way severely to harass this person.
An inside-the-family restraining order may be imposed if the person against whom the order is applied for, judged by the threats made, previous offenses or other behavior is likely to commit an offense against the life, health or liberty of the person feeling threatened and the imposition of the order is not unreasonable with regard to the severity of the impending offense, the circumstances of the people living in the same household and other facts presented in the case.[6]In Finland, sexual violence and taking advantage of a person sexually is always a crime, even if the assaulter was the victim's spouse, relative or friend.
Is marital rape in this provision explicitly included? No.
Is the law silent on marital rape? Yes.
Is marital rape covered in the general provisions or by legal precedent even if it is not explicitly included? Yes.
Is marital rape excluded in the provisions or is marital rape not considered a crime? No.[7]
The law criminalizes rape, including spousal rape, and the government enforces the law effectively. Rape is punishable by up to four years of imprisonment. If the offender used violence, the offense is considered aggravated and the penalty may be more severe.[8]
Marital rape was criminalized in 1994.[9]