A 38-year-old man raped a sleeping woman in bed, on the other side of which her own girlfriend also slept.
The Helsinki District Court sentenced the man to one year and eight months' absolute imprisonment for rape.
The Helsinki Court of Appeal upheld the judgment of the district court with its recent decision.
However, the Court of Appeal increased the compensation payable to the victim for mental suffering by one thousand euros.
The Court of Appeal sentenced the man to pay the victim EUR 3,000 for mental suffering.
The man was also sentenced to pay 2,000 euros for temporary inconvenience.
After the bar night, the woman had left for the man’s girlfriend’s apartment to continue with friends.
The guys later took a taxi away.
The woman noticed that her cell phone had been left in the apartment.
The woman went to get it.
The man and his girlfriend said the woman could sleep the night in the apartment.
The man had warned the woman about his friends earlier in the evening that they could harass.
According to the woman, one of the man's friends had tried to get closer.
The woman went to bed alone with her clothes on, but woke up with her lower body bare.
The man also slept next to his lower body bare.
The man's girlfriend also slept in bed.
The woman had not woken up during the rape.
He was tired and also drank alcohol during the evening.
The woman left the house and took a picture of it.
He returned there with the police and identified the apartment where he had been.
At the apartment, the girlfriend's mother woke up the man and said police were present.
The district court found the act particularly reprehensible.
By law, the man took advantage of the woman's helpless space.
The district court also found the man's breach of the trust he had established with the plaintiff prior to the crime.
The man denied intercourse.
Supported by the woman, e.g.
Central Criminal Police Forensic Laboratory Statement on DNA.
The man claimed, after written research, that someone else would have had sexual intercourse with a woman, or that she herself had had sexual intercourse with a woman in a dream, and because of sleep, she would not be criminally liable for her act.
The court did not believe the man's explanations.
In the Court of Appeal, the man demanded the dismissal of the charge and at least a reduction of the sentence because he considered his sentence too harsh.
The Court of Appeal did not agree to these claims.
The act took place in 2016. After the act, the woman was also the victim of another rape abroad.
The acts caused severe mental suffering to the woman.