Conviction of sexually offensive conduct by police academy instructor is upheld

The Court of Appeal had determined the penalty for violation of section 298 (b) of the Penal Code at a fine of NOK 12,000. The defendant, who had been an instructor during a sanitation exercise at a college, was to show a female student how to search for blood on an injured person, running his hand over the skin of the student's thigh. In connection with this, he made statements of a sexual nature. The Supreme Court considered the case a borderline case. There must be a certain amount of room for unfortunate and clumsy behaviour, but the defendant’s position in the context of the act meant that the statements exceeded the limit of what is punishable. The defendant's appeal against the Court of Appeal's judgment was dismissed.

Read the whole judgment (Norwegian only) 

Area of law: Straffeloven § 298

Key paragraphs: 12, 26, 32‒34 og 36.

Justices: Øie, Normann, Bull, Høgetveit Berg, Sæther