Purchase of sexual services after contact on sugardating websites is an offence

Supreme Court judgment 2 November 2022, HR-2022-2104-A, (case no. 22-085923STR-HRET), criminal case, appeal against judgment.

A (Counsel John Christian Elden) v. The Public Prosecution Authority (Counsel Kaia Strandjord)

A man born in 1966 had initiated sexual relations with several underage girls after contacting them through so-called sugar dating websites. He was convicted in the Court of Appeal of sexual intercourse with children aged between 14 and 16, see section 302 of the Penal Code, purchase of sexual services from minors, see section 309, and purchase of sexual services from adults, see section 316 subsection 1. The Supreme Court found that in order for the acts to be covered by the penal provisions on purchase of sexual services, the link between the parties must essentially be exchange of such services for a consideration. This condition was met. The relationships did not have the characteristics of ordinary romantic relationships. They consisted of little else than sexual activities in a hotel room, with cash payment after each meeting. Neither the reservation of unlawfulness nor the principle of consequential harm provided a basis for a restrictive interpretation of the relevant penal provisions. The sentence was set at one year and 10 months of imprisonment, after a deduction of around 10% due to the defendant's acknowledgement of the facts.

Read the whole judgment (Norwegian only)

Area of law: Criminal law. Section 309, section 316 subsection 1, section 302 of the Penal Code

Key paragraphs: 20, 23

Justices: Øie, Noer, Bergh, Østensen Berglund, Thyness