Aggravated sexual assault of children under the age of 14

A man was convicted of sexually assaulting two children under the age of 14. One was his biological grandchild, while the other was the grandchild of his deceased wife. It was undisputed that the abuse of the step-grandchild, which had continued over several years, constituted aggravated sexual assault. The issue was whether the assault of the biological grandchild should likewise be regarded as aggravated. That offence consisted of a single qualified sexual act involving the touching of the girl's naked genitalia. The Supreme Court was also required to determine the appropriate aggregate sentence for the two offences.

The District Court held that the assault of the biological grandchild was not aggravated. Taking mitigating circumstances into account, it imposed an aggregate sentence of six and a half years' imprisonment. The Court of Appeal, by contrast, found that this offence was also aggravated, but upheld the sentence of six and a half years' imprisonment.

The Supreme Court concluded that the assault of the biological grandchild constituted aggravated sexual assault. Particular weight was attached to the child's young age, approximately six and a half years at the time of the offence, and to the serious breach of trust involved. The aggregate sentence was reduced to five and a half years' imprisonment.

The judgment clarifies that a qualified sexual act that does not amount to sexual activity may nevertheless constitute aggravated sexual assault. It also provides guidance on sentencing in cases involving sexual assaults committed against children under the age of 14 by close relatives.

Area of law: Criminal law. Sexual assault of children under the age of 14. Sections 299 and 301 of the Penal Code.

Key paragraphs: 22, 30, 36

Justices: Falkanger, Bergh, Høgetveit Berg, Hellerslia, Stenvik