Sentence for sexual assault against a child under 14

A 21-year-old man had on three occasions over a period of about four weeks had sexual intercourse with a 13-year-old girl. According to the Penal Code, the acts are considered sexual assault. On several occasions, the man had also made the girl send sexualised photos and videos of herself.

The Court of Appeal set the aggregate sentence at seven years of imprisonment. 

The Supreme Court's premise was that there was no basis to deviate from the standard penalty level of four years of imprisonment for a single sexual assault. Aggravating factors included an eight-year age difference, the fact that intercourse took place without a condom on one occasion, and that the sexual acts, in addition to intercourse, involved oral sex and masturbation. A single assault encompassing all these factors would, in isolation, qualify for four years and one month of imprisonment.

The Supreme Court held that a significant addition had to made to the penalty because the sexual activities took place on three separate occasions. However, the aggregate sentence had to be noticeably lower than if the assaults had been committed against three different children. An additional penalty was also given for the sexualised videos and images of the child.

The Supreme Court set the aggregate sentence at five years and four months of imprisonment.

The judgment provides guidance on sentencing for sexual assault against children under the age of 14 and what significance it has for the sentence that repeated assaults have been carried out.

Read the judgment from the Supreme Court (Norwegian only) (PDF)

Area of law: Criminal law. Sentencing. 

Key paragraphs: 25-26

Justices: Webster, Bergsjø, Ringnes, Thyness, Steinsvik