Punishment for illegitimate child marriage

A 23-year-old man was convicted in the Court of Appeal of establishing a marriage-like relationship with a 14-year-old girl from Bulgaria. The man's parents were convicted of complicity.

The main questions in the Supreme Court were whether Norwegian courts had jurisdiction in the case, and whether the three defendants could be punished under Norwegian criminal law, which prohibits establishing a marriage-like relationship with someone under 16 years of age.

The Supreme Court dismissed the appeals. A majority of three justices found that Norwegian courts had jurisdiction in the case, although the relationship was established abroad. Two justices dissented and found that the Court of Appeal's judgment had to be set aside. 

The majority found that also the other conditions for punishment were met. The man who established the relationship was sentenced to one year and two months of imprisonment. The parents, who were convicted of complicity, were sentenced to prison for one year and two months and seven months, respectively. This was an increase in the sentences for the son and the father, while it was upheld for the mother. The child was awarded NOK 120,000 in aggravated damages. 

The man was also convicted of possession of images that sexualise children, see section 311 of the Penal Code.

The judgment clarifies the extent of Norwegian courts' jurisdiction in cases of child marriage and the conditions for punishment under section 262 of the Penal Code.

Read the judgment from the Supreme Court (PDF)

Areas of law: Jurisdiction. Sections 262 and 311 of the Penal Code. Confiscation. Aggravated damages.  
 
Key paragraphs: 37, 51–53, 55 and 76. 

Justices: Matheson, Falkanger, Falch, Espen Bergh, Steinsvik