A working group set up by the Ministry of Justice proposes criminalisation of buying of sexual services. Marketing of sexual services would be punishable as well. Furthermore, new provisions on aggravated pandering, trafficking in persons and aggravated trafficking in persons would be included in the law.

The working group has submitted the first part of its Report to Minister of Justice, Mr Johannes Koskinen. The purpose of the proposed amendments is to improve the opportunities to prevent trafficking in persons, as well as pandering and prostitution. The proposals are partly based on international agreements to which Finland has acceded.

According to the proposal, buying of sexual services would be punishable to a person, who, against payment, persuades another person to sexual intercourse or in a comparable sexual act. The provision would apply to buying of sexual services in a public or a private place and all ways of buying of sexual services in general. The punishment would be a fine or imprisonment for at the most six months. In addition, the attempt to buy sexual services would be punishable.

Today, buying of sexual services is not punishable. The significant increase in organised crime associated with pandering has created a need to criminalise it. Criminalisation would, according to the working group, decrease the demand for these services and crimes relating to pandering. The group bases its opinion on the Swedish experience in prohibiting the purchase of sexual services.

The working group assumes that buying of sexual services would be investigated mainly in connection to severe crimes relating to trafficking in persons and pandering.

The maximum punishment for buying of sexual services from a person under the age of 18 years would be raised. The offender could be sentenced to imprisonment for at the most one year, whereas the current maximum punishment is imprisonment for six months.

According to the proposal, buying of sexual services would be punishable regardless of place, and this would make the separate penal provision concerning buying of sexual services in a public place in the recently ratified Finnish Public Order Act unnecessary.

The working group does not propose criminalisation of selling of sexual services. However, according to the new Finnish Public Order Act, offering of sexual services against payment in a public place will become punishable in October 2003.

Giving out contact information for sexual services to be punishable

Also, marketing of prostitution and other sexual services, for example giving out contact information, would be punishable as pandering as well. This means that publication of announcements or other comparable advertisements in newspapers or on the Internet would be punishable. In these cases, the offender is the one who makes the publication or the message available to the public, which usually means the chief editor of the newspaper or the Internet publication.

Criminalisation of marketing of sexual services would complicate prostitution and make it easier to intervene in exploitation of prostitution.

Provisions on aggravated pandering to be included in the law

A new penal provision on aggravated pandering would be included in the law. Aggravated pandering would mean cases where the intent is to make considerable economic profit through pandering, where the crime is committed in a very organised manner or where the crime causes very considerable distress or when it concerns a child under the age of 18. Furthermore, the offence as a whole should be deemed as aggravated.

For aggravated pandering the offender would be sentenced to imprisonment for at minimum four months and at the most six years. The new provision is needed because the maximum punishment for pandering is relatively lenient, considering that pandering has become more and more systematic and organised.

Separate provisions on trafficking in persons

The law would also include provisions on trafficking in human beings. The current legislation in Finland is not sufficient in relation to international agreements on trafficking in human beings. The provision on kidnapping includes most of the regulations on trafficking in persons, but does not cover the more lenient measures used in connection to trafficking.

According to the proposal a person who, for example, by means of deception or abuse of a position of dependence delivers or transports persons for the purposes of sexual exploitation, forced labour or the removal of organs for commercial purposes, would be punished for trafficking in persons. The punishment for trafficking in persons would be imprisonment for at minimum four months and at maximum six years.

The offender would be sentenced for aggravated trafficking in persons if the trafficking involves violence or threats, if the trafficking causes very considerable distress or if the act is directed at a person younger than 18 years of age or if the offence is committed by an organised group. The punishment for aggravated trafficking in persons would be imprisonment for at minimum two years and at the most ten years.

Opportunity for telecommunications interception in aggravated pandering

To make it easier to investigate severe crimes relating to trafficking or pandering, the working group proposes that telecommunications interception should be possible in the investigation of trafficking in persons, aggravated trafficking in persons and aggravated pandering. Telecommunications interception means undisclosed listening to or recording of a message received in or transmitted from a telecommunications connection in order to discover the contents of the message. Telecommunications interception requires the authorisation of a court.

Supervision of compliance with the proposed provisions on trafficking in human beings, pandering and buying of sexual services would require the establishment of approximately 20 new police posts.

Dissenting opinions

The report contains two dissenting opinions. Some of the members of the group are of the opinion that buying of sexual services should not be criminalised. However, if the group decides to criminalise this activity, it should be limited to situations where the seller is likely to be a victim of trafficking in persons or pandering.

Also according to the other dissenting opinion buying of sexual services should not be criminalised, but in case it is, also selling should be criminalised.

The working group still has to put forward a proposal for the national implementation of the Protocols that supplement the United Nations Convention against Transnational Organised Crime. The Protocols concern suppression of smuggling of migrants and prevention of trafficking in persons, especially women and children. The proposal should be ready before December 31, 2003.

The working group proposes that both of its proposals are presented in the same Government Bill.

Further information: counsellor of legislation Jukka Lindstedt, tel +358 9 1606 7725, e-mail jukka.lindstedt@om.fi