A taxi driver abused his position to obtain sexual activity with a passenger

A taxi driver had obtained sexual activity with an intoxicated passenger sitting in the front seat, by putting his hand down the passenger's trousers and then inserting one or more fingers into her vagina. The Supreme Court concluded that the taxi driver, while driving, was in a position that had to be deemed superior to that of the aggrieved person, see section 295, and that he had abused his position to obtain the sexual activity. In addition to the sentence of seven months of imprisonment, the Court of Appeal had imposed a permanent loss of right to drive a taxi, see section 37 f of the Professional Transport Act. The Supreme Court agreed with the Court of Appeal's determination of the period of loss. There was no reason why the late confiscation of the licence should influence the length of the loss period when the starting point was permanent confiscation, see section 1-4 subsection 2 last sentence of the Loss Regulations.

Read the whole judgment (Norwegian only)

Area of law: Criminal law, section 295 of the Penal Code, section 37 f of the Professional Transport Act.

Key paragraphs: 20–21, 29 og 32

Justices: Webster, Falch, Thyness, Steinsvik, Elsheim