Aggravated damages for abuse in close relationships and sexual abuse
Supreme Court judgment 21 June 2021, HR-2021-1332-A, (case no. 20-188335SIV-HRET), civil case, appeal against judgment.
A (Counsel John Christian Elden) v. B (Counsel Isabel Borgstrøm)
Justices: Matningsdal, Webster, Noer, Arntzen, Høgetveit Berg
A man was ordered in the Court of Appeal to pay aggravated damages to his spouse under section 3-5 of the Damages Act for long-term abuse of her and grossly negligent sexual assault. The Supreme Court stated that the aggravated damages in such a case should not be measured separately for each incident of abuse, as the Court of appeal had done, but assessed for the incidents as a whole. To which extent the acts should be considered part of one continuous criminal act or be separated, could not be crucial for the measure. A coordination would depend on the connection between the two different acts and to which extent the consequences for the injured party are of the same nature. The aggravated damages were measured at NOK 250 000.