Four men in their 20s were sentenced on Monday for several sexual offenses in the much talked about assault case in Bergen. The most serious point is the aggravated gang rape of a woman in 2021. Three of the men appealed on the spot, while the last one took time to reflect. One 26-year-old was acquitted in the case, but the prosecutor has announced that they will appeal the case. Parallel to the trial, a separate trial took place – in social media. In addition, posters with the names and pictures of the men were hung up around Bergen. The added burden of all that exposure meant that the men who were convicted received shorter prison sentences. The artist filmed himself confronting one of the accused men in a shop and posted the video on social media. Photo: Facsimile / Linnea Skare Oskarsen “The Camel” filmed the defendant – silent on penalty discount One of those who filmed and published one of the men is the artist “The Camel”. He is now charged with this. – Now the convicts got a sentence discount, not only because of what you shared, but because it has been spread so much in social media. What do you think about it? – I only think briefly and then I can say that these are people, the ones in question, who are trying to play influencers. Part of the issue with having a lot of eyes on you is that then you also get that it boils over in social media. That is what I have to say, he says. – What if they got a penalty discount because of this? – No, I have nothing to say about it. Kamelen also does not want to comment on the actual charge against news. FILMED ASSAULT ACCUSED: Kamelen filmed one of the five men while they were still only accused in the assault case. Now he is charged. – The courts can exercise discretion In the judgment against the four men, the court emphasizes that none of them are public figures. The exposure they have experienced during the trial makes it difficult to live an ordinary law-abiding life after serving their sentence, among other things in relation to future employers, it says. – I think it is very positive that the court clearly marks that this type of exposure from private individuals during a trial is not accepted. That’s what Ellen Eikeseth Mjøs, the defender of one of the convicted men, says. – POSITIVE: Defendant Ellen Eikeseth Mjøs believes it is positive that the court sentenced shorter prison sentences due to the exposure in social media. Photo: Simen Sundfjord Otterlei / news This is not the first time defense lawyers have asked for a reduced sentence for their clients due to massive exposure in various media channels. But that has not always led to shorter prison sentences. PHYSICAL POSTERS: Such posters were spread all over Bergen in connection with the trial. Photo: In private in 2013, lawyer Mette Yvonne Larsen asked for a lighter sentence for her client in the Supreme Court due to massive media exposure. But the client, a former Labor mayor, received a harsher sentence instead. – I support the court’s assessment in the new case in Bergen. It is extremely much worse than for a public figure. Here is also reckless behavior from third parties that hits very hard, she writes in an email. Being exposed in social media does not initially give a penalty discount, but the courts have room to exercise discretion. That explains Katrine Holter, who is an associate professor of jurisprudence at the Norwegian Police Academy. The law has not changed since 1999 – considering changes to the law According to TV 2, both Sweden and Denmark have put laws in place that take social media into account during legal proceedings. But we don’t have this in Norway. Here, the regulations for what can be shared from a court case have not been changed since 1999. BELT: A belt is central to what is supposed to have been a gang rape. Now the perpetrators have been convicted. But the case has been appealed. Photo: Valentina Baisotti / news Now the Ministry of Justice will look into the case. In an email, communications advisor Andreas Bondevik writes that it is generally worrying that sensitive information from ongoing court cases is shared on social media. – In light of technological developments, where information is shared very quickly, the ministry is considering legislative changes in the area. In that work, it is important to ensure that any changes to the law are as intended, writes Bondevik. One of the proposals in the report “Publicity of documents in criminal cases”, which the government submitted for consultation in 2022, is to limit what can be referenced from court hearings in real time. The court also has the option of punishing people who do not behave in court. This happens, among other things, through court fines Legal expert believes the regulations must be reviewed Asbjørn Strandbakken, who is professor of jurisprudence at the University of Bergen, believes it is high time for a review of the regulations. – I think that social media has hit court Norway with full force. I actually think it is required that you go through the rules to see if they are sufficiently considerate. Strandbakken will not rule out that the case could go all the way to the Supreme Court. And thus create new legal practice, or precedent, as it is called. Asbjørn Strandbakken Photo: Jens Helleland Ådnanes / UiB Neither Strandbakken nor Holter believe that this particular judgment will set a precedent, but it may still be important: – District court judgments have limited precedential effect. But a district court judgment can of course act as a source of inspiration for other courts, if they get a similar issue on the table, says Holter at the Norwegian Police Academy. PHYSICAL POSTERS: Such posters were spread all over Bergen in connection with the trial. Photo: Private
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Law professor believes the law must be tightened – news Vestland
