Man convicted of secret filming of voluntary sexual activity

A man and a woman met by chance at a venue in Oslo. They did not know each other beforehand. Later at night, they walked together from the venue to Sehesteds plass, where they had consensual sexual activity behind a hedge. Without the woman knowing, the man filmed the sexual activity for four to five seconds. The film shows the woman’s naked backside and the man inserting one or more fingers into her vagina.

The Supreme Court has concluded that the filming was punishable under section 298 (b) of the Penal Code regarding sexually offensive conduct. Filming or photographing of sexual activity without consent must, as a general rule, be considered sexually offensive behavior. This applies even if the activity is consensual, and even if the film or a picture is not distributed to a third party. The act cannot be justified by the fact that the aggrieved person exposed herself by voluntarily engaging in sexual activity in a public place.

The penalty was set at a fine of NOK 12,000.

The judgment clarifies the boundaries for being convicted of sexually offensive conduct.

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

Area of law: Criminal law. Section 298 (b) of the Penal Code

Key paragraphs: 16, 19

Justices: Øie, Webster, Ringnes, Thyness, Sivertsen