The man was charged with rape, according to a section in the Criminal Code (292/291b) which specifically refers to having sexual intercourse with “someone who is unconscious or for other reasons unable to resist the act.” While the prosecution wanted 3 years and 5 months in prison and the defense lawyer for the victim demanded compensation, the man’s defender asked for an acquittal or the mildest possible sentence. Acquitted Now the man has been unanimously acquitted in the Telemark district court. – This case has been a great burden for my client. I do not wish to comment on the case beyond that, writes the acquitted man’s lawyer, Monica Tveit Tjentland, in an SMS to news. Attorney Monica Tveit Tjentland. Photo: ADVOKATFIRMAET ASTHOR AS The two involved lived in different homes in the same building in Telemark, and had been at a party on the night in spring 2023 when the act took place. The defendant’s mother was on the sofa in the living room when the two came in in the morning. They went into his bedroom and went to bed. The woman did not dare to resist. The victim then explains that she woke up several times and discovered that the defendant performed sexual acts on her. The third time she woke up, she said he raped her vaginally. The victim has explained that she did not dare to say anything or resist. She felt pain and pretended to sleep. She visited the abuse reception at the emergency room the same day. DNA traces of the accused were secured there. The man was arrested later that day. DNS traces from the victim were also found on his underwear in the home. The man does not remember He has explained that he does not remember anything from the evening, night or morning the incident took place. A condition he has said is unusual for him. There are no eyewitnesses or video or photo evidence. Therefore, the central evidence in the case has been the victim’s explanation. She has said that she was tired and drunk, and that she stiffened and did not dare to do anything when she discovered what the defendant was doing. – I was scared shitless. I completely froze. I hardly understood what happened. Then I fall asleep again, the woman has previously told the court, according to Telemarksavisa. Believes the woman did not have much to fear. In the judgement, the court states that it is required that the victim is unable to oppose the act in order to pass a conviction. They believe the victim here must have been unable to do this either due to sleep and/or intoxication and/or fear. The defendant was acquitted in the Telemark District Court. Photo: Fredrik Pedersen / news The court believes this has not been proven beyond reasonable doubt, and quotes a judgment from the Supreme Court which says: “The threshold is high: that it has been difficult to oppose is not sufficient.” The court points out that the defendant’s mother was right outside the bedroom, and believes that the woman therefore had “really little to fear”. It has not been decided whether the sentence will be appealed In order to be sentenced, intent is also required: That the perpetrator is aware of or believes it highly likely that the victim will not give consent. The court believes this has not been proven either. Counsel for the woman, Lill Kristin Nilsen, has not responded to news’s inquiry on Sunday evening. There is a two-week deadline for appealing the verdict. Police attorney Lise Dalhaug informs news that she must read the judgment carefully to assess what she will recommend to the higher prosecution authority. – Then it is the state attorney who will decide whether the case should be appealed or not, she writes. The case was initially dropped by the state attorney, but after the public prosecutor complained about this, charges were brought out in July this year. Published 17.11.2024, at 20.53 Updated 17.11.2024, at 21.02
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Acquitted of rape – the woman did not resist – news Vestfold and Telemark – Local news, TV and radio
