Finland’s Supreme Court upheld the ruling, rejecting a request from the prosecution to appeal a three-year jail term for a 23-year-old asylum seeker who had sex with a 10-year-old saying it didn’t constitute rape.

The man is named as Juusuf Muhamed Abbudin and he was convicted of aggravated sexual abuse, which the prosecution had sought the harsher sentence of aggravated rape.

The incident took place in autumn of 2016 in the southern Pirkanmaa region near the city of Tampere. He had sexual intercourse with a girl, 10-years-old at the time, after having exchanged sexually charged messages with her.

The Prikanmaa District Court and the Appeal Court, in Turku charged the man with aggravated sexual abuse and a three-year prison sentence in 2017 saying the girl wasn’t forced into the act or overcome by fear.

The asylum seeker was also ordered to pay the girl 3,000 euros. It has sparked fierce debates across the country with Finland’s Justice Minister Antti Hakkanen calling for tougher laws for sexual offences committed against minors.