13 years of imprisonment for sexual assaults over the Internet

Supreme Court judgment 10 April 2019, HR-2019-721-A, (case no. 19-024643STR-HRET), criminal case, appeal against judgment.

The Public Prosecution Authority (Counsel Anders Mandal Funnemark) v. A (Counsel Anders Green)

Justices: Indreberg, Bull, Kallerud, Bergh, Høgetveit Berg

The penalty for violations of section 192 subsection 2 a, cf. subsection 1 c, section 192 subsection 1 c, section 192 subsection 1 c, section 200 subsection 2 second sentence, cf. subsection 3 of the 1902 Penal Code, section 305 b of the 2005 Penal Code, section 204 a subsection 1 a, section 204 subsection 1 c and section 201 subsection 1 c, cf. subsection 2 of the 1902 Penal Code, all in conjunction with sections 62 and 64, was 13 years of imprisonment. The convicted person had sexually abused a total of 49 girls under the age of 16. The abuse had been committed solely over the internet. He had made the girls perform sexual acts on themselves while he was watching via a web camera. Two offences were considered rape in the first degree with a correct penalty level, considered in isolation, of around five years of imprisonment, and two offences were considered rape in the second degree with a correct penalty level, considered in isolation, of around four and half years of imprisonment. In addition, there were a number of incidences involving inducement of children to exhibit sexually offensive conduct. The fact that the offences were closely connected to each other was emphasised. They were a result of the convicted person's ruthless use of girls under age to satisfy his own needs. The large number of aggrieved parties, their young age and the seriousness and scope of the acts were also emphasised. As a starting point, the offences qualified for a sentence of 15 to 16 years. A deduction was granted for his confession and for the time use.