Sentence for rape under aggravating circumstances.

Justices: Øie, Webster, Bergsjø, Bergh, Thyness

The penalty for violation of section 291 cf. section 292 of the Penal Code – sexual assault involving intercourse – was six years and four months of imprisonment. The case involved considerable and weighty aggravating circumstances. It concerned rape in a public place. The defendant had repeatedly taken a stranglehold on the aggrieved person and threatened her with a screwdriver against her neck. It was considered particularly aggravating that the woman was attacked while walking her two newborn babies. The situation created fear as to what would happen to her children. The assault also entailed psychological trauma beyond what is included in the basis for the general penalty level. The Supreme Court found that the starting point for the sentence ought to be seven years of imprisonment. The defendant was granted a small deduction for his unreserved confession.