– This is the proposal we have put forward that has had absolutely the most intense reactions, says Linda Gröning, law professor at the University of Bergen and head of the Criminal Law Council. Before Christmas, she submitted a report to Minister of Justice Emilie Enger Mehl (Sp). The Criminal Law Council had been tasked with assessing Chapter 26 of the Criminal Code, which deals with sexual offences. In the report of over 300 pages, the council makes several proposals for changes to the law. One of the proposals in the report was to lower the sexual minimum age from 16 to 15. And the reactions were not long in coming. The hearing was concluded last week. Professor Gröning has been involved in creating several similar studies, but this time she experienced that an unusually large number of private individuals had submitted their views, says Gröning. Many express opposition to lowering the minimum sexual age. The youth county council in Nordland is among the critics. – 15-year-olds are not mature enough to make such choices. But most importantly, it is a reassurance that children need protection from adults, says leader Sigurd Hjelle. DEMANDING: Sigurd Hjelle in the Youth County Council in Nordland understands that it can be demanding to assess when young people are mature enough to make well-considered choices about their own sexual activity. Photo: Daniel Hong Hansen / news – It is particularly important in today’s digital world, where there are people who pretend to be someone else in order to trick them into sexual material from children and young people. Then it is particularly important that we have a high sexual minimum age that contributes to protection. In Denmark and Sweden it is 15 years, while in Iceland it is 14 years. Linda Gröning of the Criminal Law Council says that she is partly surprised by all the reactions they have received. Surprised by the reactions – Many of the reactions are about people getting the impression that we are going to make 15-year-olds legal. If that’s the message people take in, I understand that they react. But it is a message that is taken from a wider picture about the difficult balancing act and the considerations behind our proposal, says Linda Gröning. According to Gröning, it is about a balance between the children’s protection and the children’s demand to decide for themselves. – We must recognize that the children’s own will should count, and decide when they will be allowed to decide for themselves, she says. In other words: When will children themselves be allowed to decide whether they can be intimate with other people, without someone being able to be judged for having broken the law. This does not only apply to sex, but also kissing and touching. DIFFICULT: Leader of the Criminal Justice Council, Linda Gröning, says that making recommendations in this case is a difficult balancing act. Photo: Private – This is a difficult balancing act. At one point we have to say that the children are not mature enough to make such choices themselves. But if we set the limit too high, we will indirectly inhibit the children’s opportunities to have sexual experiences without the other party becoming an abuser, says Gröning. For some, such a change can mean a lot. The life of “Daniel” would have been something completely different Two years ago, news went through around 2,000 cases, all of which deal with sexual offenses against children. Young men dominate among the convicted. Of all age groups, it is the 19-year-olds who have committed the most such offences. A large proportion of the victims are 14 and 15 years old. “Daniel” was convicted of assault. He was 21 years old, his girlfriend was about to turn 16. They had actually planned to wait to have sex until her birthday. But less than a week before the birthday something happened. Daniel had to go away with work, and it would be several weeks before he was back. They had been so looking forward to this, he told news. A few days from or until didn’t really matter, and they had already fixed birth control. His life would have been completely different if the sexual minimum age had been 15. – First and foremost, I would have had a clean record. And not to have been labeled a criminal, he says to news today. Following the verdict, he has had several psychological challenges and has lost contact with friends. – I had released a lot of different false rumours, ugly looks and comments from people from my hometown. – What do you think about the bill? – In my opinion, more people are making their debut earlier than before. If both parties are aware of possible consequences, such as pregnancy and sexually transmitted diseases, and that there is consent from both parties, then I think it is fine that the minimum age be lowered to 15 years. In that way, Daniel believes that more people will avoid ending up in the situation he ended up in. – Most often, intercourse is something both parties want, for example when you are in a romantic relationship. Some are ready for intercourse when they are between 15 and 16 years old. While others are not. It will always vary from person to person, he says. – Must listen to the youth The low sexual age in itself cannot ensure protection against child abuse – which can also happen today to children who are over this age, Gröning further explains. All involuntary sexual intercourse is still illegal. – The other parts of the legislation dealing with sexual offenses and abuse were strengthened to such an extent that the total protection of children is much better now than before. We have also now proposed that protection against the exploitation of children under 18 be further strengthened, says Gröning. Several who have submitted input to the consultation fear that a lower limit will increase the pressure children feel about having sex. This also comes from young people themselves. – We must respect and take note of that. If there is anyone we have to listen to, it is those who are directly affected by the proposed legislative changes, says Linda Gröning. – What do you think the outcome will be when the matter goes before the Storting? – Here I would probably put my money on the minimum sexual age remaining at 16. This is how the parties in Stortinget stand SV: We have to look at the whole here, the Consent Act must provide a framework for giving consent, but young people today do not know what that means. Young people lack knowledge about the body and sexuality. They want more on boundaries and sexuality education from an earlier age. Today, many do not receive sex education until the 9th grade. Young people are insecure about their bodies and find it difficult to give consent in language. The law exists to protect children from abuse against adults, not to punish young people who have consensual sexual intercourse. We question why this proposal is coming at all, especially because the professional communities did not want it. KrF: KrF does not want to change the sexual minimum age from today’s 16 years. Conservative Party: The Conservative Party has not taken a position on the proposal and we will wait until the government presents its proposal for legislative changes. Red: Red sees no reason why the minimum sexual age should be lowered to 15 years. We want to preserve it as it is today. MDG: Has not taken a concrete position on whether the minimum sexual age should be lowered to 15 years. Liberal Party: The Liberal Party needs time to review the consultation input before reaching a conclusion. The Labor Party, SV, Frp, Sp and Patient Focus have not yet responded to news’s inquiries in connection with this case.
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The Criminal Code Council will lower the sexual minimum age to 15. The leader has received threats – news Nordland
