Police officer convicted of sexual offence

The penalty for violations of section 294 see section 291 (a), and sections 295 and 171 of the Penal Code was set at one year and eleven months of imprisonment. The Supreme Court agreed with the Court of Appeal that section 295 covered the offence in question. It had been clarified why the Court of Appeal considered this issue differently from the District Court, which had acquitted the defendant. When sentencing, the starting point was one year and six months of imprisonment for violation of section 294 see section 291 of the Penal Code and one year of imprisonment for violation of section 295 of the Penal Code. The harm and seriousness of a police officer exploiting his position to obtain sexual activity was pointed out, and that the sexual activity had been carried out in an offensive manner. Some deduction was granted for lengthy proceedings. Outside the appeal, the Supreme Court set aside the District Court's conviction for two violations of section 295 of the Penal Code due to the incorrect application of the standard of guilt in section 22 subsection 1 (c).

Read the whole judgment (Norwegian only)

Area of law: Criminal law. Section 295 of the Penal Code. Section 342 of the Criminal Procedure Act. 

Key paragraphs: 47–49, 65–67, 80–81, 93–95, 100, 105

Justices: Webster, Falkanger, Ringnes, Bergh, Steinsvik