The Turku Court of Appeal has overturned the sentence of rape received by the singer of the Finnish heavy band.
In November last year, the Pirkanmaa District Court sentenced the man to absolute imprisonment for raping his ex-girlfriend.
The alleged rape took place at a follow-up party in an ex-girlfriend's apartment in Tampere in April last year.
The ex-girlfriend said she was asleep while the singer raped her.
The man appealed the verdict.
According to him, the plaintiff consented to intercourse and was not in a helpless or uninformed state.
The ex-girlfriend filed a cross-appeal in which she demanded an increase in the sentence imposed on the singer.
According to the Court of Appeal, the plaintiff's report contained a sexual intercourse detail that undermined the report's credibility.
In addition, a diagnosis made by the person concerned about an acute stress reaction five months later may not be related to what happened.
The plaintiff had suffered from mental symptoms even before the alleged rape.
The Hevila singer’s account in the Court of Appeal was detailed and consistent.
- The parties' reports do not differ at all in any material respects other than whether the sexual intercourse took place while the (plaintiff) was sleeping or whether he had participated in it, the court recorded in its decision.
Read more: Absolute imprisonment of a Finnish heavy band singer for rape
Interaction and communication between the singer and his ex-girlfriend after the event also spoke out against the rape.
The Court of Appeal drew attention to the financial pressure of the plaintiff and the negative reactions to the singer caused by the termination of the relationship.
- In the light of these factors (the plaintiff) may have had a motive for making an incorrect report, the court concluded.
An important role in the court was a witness who spoke about the ex-girlfriend’s speeches before the alleged rape.
Among other things, the ex-girlfriend had threatened to ruin the singer's life.
An ex-girlfriend who once suffered from financial difficulties said she needed a diagnosis of depression for Kela.
- (The plaintiff) was nervous to hear that it could take up to six months to get a diagnosis.
(The plaintiff) had stated that a diagnosis of post-traumatic stress disorder can be made immediately and that such can be found in war returners and victims of violence or rape, the witness said according to the court.
The conversation had been troubled by the witness, as the plaintiff said he was raped by the singer soon after.
- After that (the plaintiff) had no longer mentioned financial concerns, the witness said.
Hovi stated that the alternative course of events presented by the singer is possible and its existence cannot be ruled out with sufficient certainty.
Therefore, there was considerable suspicion of the guilt of the singer, which led to the dismissal of the charge.