Appeal against sentence

Justices: Øie, Møse, Falkanger, Arntzen, Bergh

The penalty for violation of section 293 of the Penal Code was seven years of preventive detention with a minimum term of four years and eight months, see section 40 of the Penal Code. The sexual assault, which consisted of vaginal and anal intercourse, was marked by a strong and persistent will and ability to carry out the act. The assault lasted over a long period of time, and the convicted person used aggravated violence to obtain his goal. He had previously been convicted of sexual assault under similar circumstances. Both assaults took place under the influence of drugs and towards his cohabitant while the relationship was about to end. He had clear dissocial features. There was a real and qualified danger that new aggravated offences would be committed if he was released. There was also a need for the societal protection a preventive detention sentence could give.