Government proposes to discontinue mediation in domestic violence cases
The Government proposes that, in future, mediation offices could not use mediation to resolve criminal offences involving violence or certain other offences against the suspect’s family member or other close person.
The aim of the legislative amendment is to ensure that victims of domestic violence cannot be pressured into agreeing to mediation. The government proposal was prompted by cases where, as a result of mediation, perpetrators have gotten away without being punished, even in cases involving repeated violence.
In future, mediation could not be used to resolve criminal offences involving violence or certain other offences, such as sexual offences, menace or stalking, if the offence is committed against the suspect’s family member or other close person. The ban would apply to offences committed not only in intimate partner relationships but also in other domestic relationships. However, the ban on mediation would not apply to complainant offences.
Victims of violence may agree to mediation against their own best interests
A total of 34 per cent of women and 18 per cent of men have experienced violence from their current or former partner. Only a fraction of domestic violence cases are reported to the authorities. In cases of domestic violence, the perpetrator often has power over the victim.
Participation in the mediation process should always be voluntary, but it may be difficult to establish whether the victim of domestic violence agrees to the process voluntarily. GREVIO, the expert body responsible for monitoring the implementation of the Istanbul Convention on preventing and combating violence against women and domestic violence, has also expressed its concern to Finland over mediation in cases involving domestic violence.
“Domestic violence is a difficult problem in Finland, a stain on gender equality. The fact that violence in intimate partner relationships can be mediated and mediation may result in the perpetrator avoiding punishment underestimates how dangerous and serious domestic violence is,” says Minister of Social Security Sanni Grahn-Laasonen.
Amendment is scheduled to enter into force at the beginning of 2025
The amendment would not affect the resources available to mediation offices. The discontinuation of mediation in domestic violence cases would mean that more resources would be available for mediation in other criminal matters. Studies show that mediation can prevent recidivism and social exclusion among young people.
The government proposal concerns the Act on Conciliation in Criminal and Certain Civil Cases. The proposal will next proceed to Parliament for deliberations. The amendment is scheduled to enter into force from the beginning of 2025. However, the mediation processes which start before the Act’s entry into force could be completed.
Inquiries:
Laura Terho, Ministerial Adviser, tel. +358 295 163 550
Jari Keinänen, Director, tel. +358 295 163 311
Niilo Heinonen, Special Adviser to the Minister of Social Security, tel. +358 295 163 603