Reduced sentence for "sleep rape" involving digital penetration

A 36‑year‑old man inserted a finger into the rectum of a 35‑year‑old woman while she was asleep, stopping immediately when she awoke. The case concerned the appropriate sentence for this conduct following the legislative amendment that entered into force on 1 July 2025.

The Court of Appeal set the sentence at two years and five months’ imprisonment, taking mitigating circumstances into account.

The Supreme Court held that the sentence was too severe. Prior to the amendment, the normal sentence for sexual assault involving digital penetration of the vagina or rectum was three years and three months’ imprisonment. These indicative normal sentences were removed, and sentencing must now be aligned with the seriousness of the act. At the same time, the legislature has indicated that sexual assault involving digital penetration should normally be punished less severely than sexual assault involving intercourse. It also follows from HR-2026-712-S that “sleep rape” cases should generally give lower sentences than cases involving violence or threats.

The Supreme Court considered the appropriate sentence to be around two years’ imprisonment. However, in the light of the defendant’s personal circumstances and the time taken in the police investigation, the sentence was reduced to one year and six months.

The judgment provides guidance on the sentencing level for “sleep rape” involving digital penetration of the vagina or rectum.

Read the judgment (Norwegian only) (PDF)

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

Key paragraphs: 25, 30–31, 34, 43–44, 54, 58

Justices: Falkanger, Steinsvik, Stenvik, Sivertsen, Poulsen