Author and editor acquitted of gang rape of a woman in Oslo – must pay compensation
Three men, including a writer and an editor, are acquitted of gang rape of a woman in Oslo, but must pay NOK 672,000 in compensation and damages.
The verdict fell in Oslo district court on Friday. None of them acknowledged guilt when they appeared in court in late April.
Two of the three were accused of having carried out a sleep rape in an apartment in Oslo in late March 2015. The third party man was charged with complicity by photographing the actions.
The three met at a cultural event and then ended up in the apartment of one of them.
Photographs taken at the current night show that sexual acts were committed against the woman. Two of the men have also acknowledged that they committed these acts.
The woman testified that she did not remember any of the actions, but says she can not understand that she has consented to the actions or photo-shots.
The next day, the woman went to the police and reported the alleged abuse. She handed the memory stick with the pictures to the police.
Reasonable doubt
Oslo District Court writes that in order to convict the three defendants, the court must be convinced that the victim did not consent to sexual contact.
After an overall assessment, the court ruled that there is reasonable doubt and that the law of criminal law can not rule out the woman’s consent. The defendant must therefore be acquitted.
– The aggrieved party’s explanation that she did not remember anything is in the court’s view not strong enough evidence that she has been in an unconscious and helpless condition, according to the ruling.
Oslo District Court also believes that “the provisions of the Penal Code can not be applied to situations in which a party – due to strong intoxication – enters into sexual intercourse, which he / she would not obviously accept.”
Compensation
Evidence requirement for the imposition of compensation under civil claims are less strict.
The court has therefore sentenced the three to pay the woman NOK 552,114 in compensation and NOK 120,000 in damages.
Oslo District Court refers to the photographs taken during the sexual intercourse and believes that these are likely to indicate that the woman was unable to oppose the sexual intercourse, and that she had not consented to what was being carried out.
This is stated in that Part of the verdict relating to the claim for damages.
The prosecutor in the case had submitted a claim for two of the men to be sentenced to prison for three years, while the third was for imprisonment for two years and two months.
The prosecutors have taken time to consider appealing of the acquittal.
© NTB Scanpix / Norway Today
