Touching of an infant was not a sexual act

While tending to his six-month-old daughter, a father had pinched, tickled and kissed her in the crotch near the genitals. The Supreme Court, unlike the Court of Appeal, concluded that the act was not covered by section 304 of the Penal Code. The Court stated that the act had to be judged based on an overall assessment, starting with the external features of the act. It was significant whether the act was sexually motivated. When tending to infants, however, there had to be a certain margin before an inappropriate, careless or clumsy touch triggered criminal liability. In its individual assessment, the Court stated that it was a borderline case. It was emphasised that the defendant had no sexual motivation for the act, which was brief and not a serious violation of the child's integrity. Thus, the act did not give rise to criminal liability. The defendant was acquitted.

Read the whole judgment (Norwegian only)

Key paragraphs: 31–33, 40–44, 48–49

Area of law: Criminal law. Section 304 of the Penal Code.

Justices: Falkanger, Bergsjø, Falch, Steinsvik, Sæther