The acts took place in Eastern Helsinki in the outdoor area and in Espoo in the allotment garden cottage.
Court of Appeal has upheld the district court’s verdict of aggravated sexual abuse of a child. The district court ruled in January Juha Ylitalon 2 years and 6 months in absolute prison.
According to the District Court, Ylitalo had sexual intercourse with a 12-year-old child at the time of the crime on two different occasions and in two different ways. The upper house was 28–29 years old at the time of the event. The acts took place in the spring of 2015.
The parties had met each other online in a chat service called Random. The acts took place in the outdoor area in Eastern Helsinki and in the allotment garden in Espoo.
Ylitalo in the district court upheld the descriptive procedure, but denied the charge of aggravated sexual exploitation of the child, stating that he was not aware of the actual age of the plaintiff.
Ylitalo said that he assumed the plaintiff was 17-18 years old.
According to the District Court, it cannot be said that a mere discussion on the internet in this case would have shown that the plaintiff had informed Ylitalo of his age before the act.
However, according to the district court, the plaintiff had credibly and consistently stated that he had informed Ylitalo of his age when they met.
District Court also noted that the images seen of the plaintiff show that in the spring of 2015, the plaintiff has been clearly looking like a child in body composition and essence.
Based on the pictures, the plaintiff could not reasonably have erred in thinking that he was 16 years of age or older, according to the District Court.
The District Court found that, at the latest when the plaintiff met the defendant, given the nature of the plaintiff, an increased obligation arose to try to ascertain the plaintiff’s age before engaging in sexual intercourse.
The imputability of the act is increased, according to the district court, by the fact that the age difference between the parties has been significant, and the district court estimates that the case was not about friendship, but only exploitation.
Court of Appeal In its decision, Ylitalo states that, at the very least, Ylitalo was completely indifferent to the age of the person concerned and its determination.
The Court of Appeal upheld the district court’s judgment. Ylitalo was sentenced to 2 years and 6 months in absolute prison.
In addition, Ylitalo was sentenced to lose its military rank and to pay the plaintiff EUR 7,500 in compensation for mental suffering, EUR 13,000 for mental health problems and EUR 8,850 for therapy costs.