Sentence for sexual assault by surprise at a nightclub

A man and a woman who did not know each other before, flirted and danced closely at a nightclub. Eventually, the man sat down on a bar stool by the dance floor, and the woman remained standing next to him. Suddenly, the man put his hand under the woman's skirt and stuck one or more fingers up her vagina. She immediately reacted very negatively, and the action was interrupted. In 2023, the Supreme Court considered the same case and determined that this type of act could be considered sexual assault under section 291 (b) of the Penal Code (HR-2023-2193-A). 

This time, the Supreme Court decided on the sentence. A unanimous Supreme Court noted that the legislature has laid down guidelines for the level of punishment in morality cases, and that the normal level of punishment in cases such as this is three years and three months. 

The majority of the Supreme Court was of the opinion that this case did not involve an offence at the lower range of what the provision covers, and that the preceding contact between the man and the woman could not be emphasised. However, the act was committed on impulse and was short-lived, and the case had taken some time in the legal system. Based on recent case law, the sentence was set at two years and three months of imprisonment. 

The Supreme Court pointed out that the courts' power to adjust the level of punishment for this type of offence is limited. This means that further adjustments are up to the legislator.  

One justice considered the offence to be at the lower end of what section 291 (b) covers, and that the cause of the act could be given weight. He voted sentence of one year and four months. 

The case provides guidance for sentencing under section 291 (b) of the Penal Code.

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

Area of law: Section 291 (b) of the Penal Code. Sentencing. 

Key paragraphs: 26, 32–33, 37–39

Justices: Bull, Bergh, Berglund, Thyness, Stenvik