Sentence and aggravated damages for sexual assault committed by employee at a child welfare institution

The case concerns sentencing for an employee at a child protection institution who was convicted of having 30 sexual intercourses over 5 months with a 16-year-old girl for whom he was responsible. The case also concerns the calculation of aggravated damages. 

The Court of Appeal had set the sentence at three years and three months of imprisonment, and, in addition, the convicted person was given restrictions on what type of employment he may take in the future (loss of rights).

The Supreme Court dismissed the appeal from the convicted person about the length of the prison sentence. The loss of rights was adjusted to some extent, so that the man indefinitely lost the right to take employment in child welfare institutions involving the possibility of being alone with children. The damages to the aggrieved party was set at NOK 150,000, which is slightly less than in the judgment by the Court of Appeal.

A minority of two judges found that the prison sentence should be reduced to one year and nine months, and that the aggravated damages should be further reduced.

Read the whole judgment (Norwegian only) (PDF)

Area of law: Section 296 of the Penal Code

Key paragraphs: 14, 22, 28, 32, 35, 44–45

Justices: Falkanger, Falch, Høgetveit Berg, Sæther, Stenvik