20 days of imprisonment for sexual offences committed by driving teacher

A driving instructor had in various ways sexually violated three young women who were his pupils. On one occasion, he had grabbed the hips one of them and stroked or rubbed his crotch against her buttocks. The act is covered by section 297 of the Penal Code on sexual acts performed without consent. Other pupils had been subjected to sexually offensive statements.

The driving instructor was sentenced to twenty days of imprisonment by the Court of Appeal, which made a large deduction for lengthy proceedings. He appealed to the Supreme Court contending that the sentence should be suspended.

The Supreme Court upholds the immediate sentence of twenty days of imprisonment. The most serious act is at the lower end of offences covered by the provision on sexual acts without consent. Although the touching took place on the outside of the pupil’s trousers, it was invasive and a violation of her intimate zone and sexual integrity. As a pupil, she was subject to the driving instructor’s authority, and there was a large age gap between the two. The driving instructor is also punished for the statements made against others.

The judgment provides guidance on sentencing for less serious offences covered by section 297 of the Penal Code.

Read the whole judgment (Norwegian only) (PDF)

Area of law: Criminal law, section 297 of the Penal Code

Key paragraphs: 19–22, 30–31

Justices: Indreberg, Bull, Ringnes, Arntzen, Thyness