Kissing a 13-year-old girl at a party was punishable

At a pre-party in Narvik, a 19-and-a-half-year-old man kissed an almost 14-year-old girl while they were both lying on a bed, facing each other. They were both intoxicated and did not know each other beforehand.

The Supreme Court emphasised that not all acts of a certain sexual nature are punishable, and that there is some margin for careless and clumsy behavior. The key consideration was the child’s need for protection of sexual integrity under criminal law. In this case, the Supreme Court concluded that the kiss had to be considered a “sexual act.”

The kiss was clearly sexual in nature in the situation. In determining whether the margin was exceeded, it was emphasised that the girl was in a vulnerable situation.

The Court of Appeal’s judgment, with a suspended sentence of 32 days of imprisonment, was therefore upheld. 

The Supreme Court’s judgment clarifies the boundaries for sexual acts with children under 16 years of age.

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

Area of law: Criminal law, section 304 of the Penal Code

Key paragraphs: 18-20

Justices: Webster, Bull, Falch, Sæther, Lund