Legal proceedings The accusation of rape was rejected because the victim later participated in a TV series – Forensic psychologist knocks down the reasoning of the verdict: “Quite incomprehensible”

Middle Finland the reasoning behind the district court’s recent acquittal of rape is astonishing. The dismissal of the charges was based in part on the fact that the victim of the suspected crime later participated in the filming of the television series.

Docent of Forensic Psychology Julia Korkman describes the argument as ‘quite incomprehensible’. In his view, the verdict raises questions about the necessity and effectiveness of the jury system.

District Court on Wednesday acquitted a man in his twenties from rape charges against two jurors, contrary to the position of a professional judge.

The district court based the acquittal in part on the fact that the woman participated in the filming of the television series months after the alleged rape.

“According to general life experience, a victim of rape will not be able to participate in such after a few months. On these grounds, the district court finds that there is considerable suspicion of the defendant’s guilt, ”the district court stated.

The professional judge who lost the vote will judge the evidence differently. He would have sentenced the man to two years in absolute prison for rape.

Read more: Two jurors acquitted man of rape charges – Reason for victim’s involvement in TV series

Liberating the reasoning for the verdict is, according to Julia Korkman, an example of how people often mistakenly assume that victims of potential crimes behave in a certain way.

In reality, according to Korkman, people can behave very differently after a traumatic experience.

Some people may look upset while others may seem calm and resume life normally. Possible reactions may occur in different people at different times.

“If a person is involved in just a few months after a suspected crime, then no such conclusions can be drawn,” says Korkman.

In his view, the behavior of a victim of a suspected crime should hardly be used as evidence in one direction or the other.

Also prosecutor Marika Visakorpi is puzzled by the jury’s argument to dismiss the charge in part on the basis of participation in a television series.

“That was a relatively special argument.”

The jurors also justified the acquittal on the grounds that the injured victim’s injuries may have occurred other than as a result of the rape. Instead, the professional judge felt there was no other explanation for the injuries than rape.

The prosecutor says he has already filed an appeal against the verdict.

“I disagree with the whole verdict. It ignores essential evidence. In addition, the reasoning for the judgment is narrow and in some places special, ”he says.

Jury system the need has been debated over the years. The Association of Judges, for example, has been prepared to end the use of jurors.

The number and use of jurors has decreased, but they are still involved in some of the criminal proceedings.

The jurors are lay members of the court appointed by the municipal councils who are not required to have legal training.

Julia Korkman would be willing to give up the use of jurors.

“It’s worrying that we still have jurors. I don’t think the professional judges would have judged the matter in the same way that the jurors did in this case. The jury system increases the risk that the courts will make ill-founded decisions, ”says Julia Korkman.

“I think the use of jurors should be abandoned as a matter of urgency, especially in the case of sexual offenses and other serious crimes against persons.”

According to a report published by Helsingin Sanomat in 2013, jurors solve serious criminal cases with very little legal expertise. According to the survey, some jurors have difficulty being neutral, especially when dealing with sexual offenses.

Read more: Problems with jurors in dealing with sexual offenses.

Statement was based on an HS e – mail survey answered by 41 district judges and 92 jurors from across the country.

Numerous professional judges who responded to the survey criticized the skills and performance of the jurors.

According to some professional judges, some jurors have strong prejudices that affect their work. Attitudes are particularly evident in the handling of sexual and financial crimes.

One judge gave an example of a rape trial.

“Two jurors wanted to dismiss the charge because the defendant was a deputy judge and the plaintiff appeared to have some degree of alcohol problem,” he said.

Read more: Myths created by entertainment give a false picture of rape – Researcher: rape is not always fast, the perpetrator behaves as if in a love affair