Penalty for sexual assault

Justices: Matningsdal, Bull, Bergsjø, Falch, Berglund

The penalty for violation of section 299 (a), cf. section 301 subsection 1 first sentence, cf. subsection 2 (b), section 295 subsection 1 of the 2005 Penal Code, section 204 a subsection 1 (a) and section 311 subsection 1 was six years and six months of imprisonment. The convicted person had on two occasions licked a four-year-old girl on her genitals. He had also had intercourse three times with a slightly mentally challenged girl of the age of sixteen. Finally, he had systematically searched for and found at least 500 photos showing sexual abuse of children, and stored 38 of them on his own computer. His assault on the four-year-old demonstrated a firm criminal intent, and it was emphasised that he had been in a care relationship with the child. The intercourse on three occasions was considered one offence. It was stated that four years and three months of imprisonment was a suitable penalty for the first among these offences, and three years for the second. The penalty for the photos depicting sexual abuse of children should, considered in isolation, be six months of imprisonment.