Passive contribution to abuse in close relationships

Justices: Matningsdal, Bull, Bergsjø, Østensen Berglund, Sæbø

A woman was convicted in the Court of Appeal for passive contribution to violation of section 219 subsection 1 cf. subsection 3 of the Penal Code 1902 and section 282 cf. section 15 of the Penal Code 2005. On several occasions, the woman's husband had abused his son, who was the woman's stepson and also in her care. The Supreme Court's majority of three justices concluded that the woman, who had tried to stop or prevent the abuse several times, had not done enough to avert continued abuse. It was held that in order to fulfil the duty to act, the person must do something that physically or psychologically prevents the criminal acts. In her particular situation, the woman had a duty to seek help, either from her private network or from public bodies with which she had been in contact, to stop the abuse. The Supreme Court's minority of two justices found that the woman was not guilty of criminal contribution to her husband's abuse of the son. A united Supreme Court found that the exemptions from punishment in section 196 subsection 3 of the Penal Code 2005 are not similarly applicable in the determination of whether passive contribution to a crime has been committed. The appeal against the Court of Appeal's application of the law was dismissed. Dissenting votes 3-2.