Sentence after rape and new standard for aggravated damages

The sentence for violation of sections 291 and 302 of the Penal Code was three years and three months of imprisonment, of which one year was suspended. The defendant, who was 17 years and nine months at the time of the act, had threatened and burnt the aggrieved person, who was then 14 years and one month old, with a lighter, held her tight and inserted his fingers into her vagina. In its sentencing, the Supreme Court placed great emphasis on the aggrieved person's age. It was aggravating that the assault had led to self-harming and significant psychological repercussions. The Court took as its starting point a sentence of just over four years, which was reduced to three years and three months due to the defendant's young age. One year of the sentence was suspended. When measuring the aggravated damages, the Supreme Court stated that aggravated damages for rape involving intercourse by adults should normally constitute twice the National Insurance basic amount at the time of the judgment or rounded to NOK 210 000. Due to the aggrieved person's age, the aggravated damages in the case at hand were set at NOK 240 000.

Read the whole judgment (Norwegian only)

Area of law: Criminal law. Aggravated damages. Section 3-5 subsection 1 of the Compensatory Damages Act.

Key paragraphs: 22, 42, 50, 54

Justices: Øie, Normann, Kallerud, Falch, Høgetveit Berg