Two years and five months in prison for sleep rape by fingering

The penalty for violation of section 291 (b) of the Penal Code was set at two years and five months of  imprisonment. After a drinking night out, the defendant had taken the aggrieved person home to sleep. Despite the fact that she had made it clear that nothing sexual was to happen between them, she woke up to find that the defendant had one or more fingers inside her vagina. The action was immediately interrupted. In the sentencing process, the Supreme Court took as its starting point a normal penalty level of three years and three months of imprisonment. In the individual assessment, the majority of four justices emphasised that it was an impulsive act of a short duration, and that the defendant had apologised for what had happened, which had also contributed to the solving of the case. A penalty of two years and five months of imprisonment was also in accordance with the prosecutor's claim. One justice found that an appropriate penalty was three years of imprisonment. Dissenting 4-1.

Read the whole judgment (Norwegian only)

Area of law: Criminal law. Sexual offence. Section 291 (b) of the Penal Code. 

Key paragraphs: 33, 43, 48, 55

Justices: Noer, Arntzen, Høgetveit Berg, Thyness, Steinsvik