Stepfather sentenced to eight months of imprisonment and NOK 80 000 in aggravated damages for sexual assault to stepdaughter
Supreme Court judgment 1 July 2021, HR-2021-1438-A, (case no. 21-016217STR-HRET), criminal law, appeal against judgment.
I.
A (Counsel Miriam Kristine Grimstad) v. The Public Prosecution Authority (Counsel Kristine Knutsen-Berge)
II.
A (Counsel Miriam Kristine Grimstad) v. B (Counsel Arild Christian Dyngeland)
Justices: Matningsdal, Falkanger, Kallerud, Østensen Berglund og Høgetveit Berg
The sentence for violation of section 297 of the Penal Code was eight months of imprisonment. The defendant, a 50-year-old man, had touched his 16-year-old stepdaughter without her consent. She was in a difficult life situation, and the stepfather's violation of trust was an aggravating circumstance. He had formerly been convicted of abuse of his ex-wife and two sons. The Supreme Court found that the act of which he had now been convicted was "of a different nature". The provision in section 79 (b) of the Penal Code on increased maximum penalty was therefore not applicable, but the previous conviction had to be considered an aggravating circumstance under section 77 (k) of the Penal Code. The judgment addresses the significance of reasoned rulings from the Supreme Court's Appeals Selection Committee where an appeal against the sentence is denied. The aggravated person's mental injury was covered by section 3-5 (a) of the Damages Act, and she was awarded NOK 80 000 in aggravated damages.