Attempted rape in the first degree

Justices: Endresen, Webster, Bull, Høgetveit Berg, Sæbø

A man convicted in the Court of Appeal of violation of section 292, cf. section 291, cf. section 16 of the 2005 Penal Code – attempted rape in the first degree – had followed the aggrieved party into a toilet cubicle and locked the door. He had then ordered her to take off her clothes, and hit her in the face when she refused. However, he did not succeed in his attempt to carry out the rape, as another person came to the woman's rescue. The Supreme Court agreed with the court of appeal that, qualitatively, so little remained before the act was committed that the lower threshold for conviction for attempt had been passed, see section 16 subsection 1. The Court of Appeal had considered it proven that the defendant had an intention of committing a rape in the first degree, which could not be reviewed by the Supreme Court. The defendant's appeal against the Court of Appeal's application of the law was dismissed.