Sentence for aggravated sexual assault against a child under the age of 14
Supreme Court judgment 14 December 2020, HR-2020-2402-A, (case no. 20-122811STR-HRET), criminal case, appeal against judgment.
A (Counsel Halvard Helle) v. The Public Prosecution Authority (Counsel Hilde Stoltenberg)
Justices: Øie, Webster, Matheson, Noer, Ringnes
The sentence for violation of section 301 subsection 2 (c) of the Penal Code was five years and six months of imprisonment. The convicted persons had in the middle of the night entered the bedroom of a nine-year-old girl, taken a stranglehold on her and locked her in the bathroom together with himself. Here, he put his fingers into her vagina, held his penis against her mouth and made her touch his penis. He threatened to kill her family and showed her a knife he had brought. She was deprived of her liberty for about an hour. The man continued to have a frightening demeanor after the appearance of the family's adults. The Supreme Court took as a starting point a sentence of seven years of imprisonment. A deduction of about 20 percent was made due to the convicted person's immediate confession.