Penalty for sexualt assault set at 3 years and 6 months

A 40‑year‑old man was convicted of sexual assault. He had engaged in sexual intercourse with a 28‑year‑old woman who, due to sleep and intoxication, was unable to resist the act. The Court of Appeal sentenced him to four years’ imprisonment. The Supreme Court reduced the sentence to three years and six months’ imprisonment.

The Supreme Court determined the sentence under the rules applicable following the legislative amendment of 20 June 2025, removing the statutory minimum sentence of 4 years' imprisonment for sexual assault. The amendment indicated a certain reduction in the sentencing level in so‑called sleep rape (sovevoldtekt) cases, see the grand chamber judgment HR‑2026‑712‑S. In the individual assessment of the length of the sentence, significant weight was attached to the clear characteristics of exploitation of the complainant. The fact that the defendant was intoxicated was not given weight in sentencing.

The judgment provides guidance on the sentencing level in cases concerning rape of a sleeping person where the defendant and the complainant are adults.

Read the judgment (Norwegian only) (PDF)

Area of law: Criminal law. Section 291 subsection 2 of the Penal Code

Key paragraphs: 20, 26, 27 and 33.

Justices: Øie, Falkanger, Thyness, Sæther, Sivertsen