– I will keep this to myself. I’m afraid of not being believed. This is how the woman explained herself in court about what she has been thinking for the past two years. She met the man who sits on the prosecution bench for the first time in the autumn of 2020. Then they both worked in the Armed Forces in Indre Troms, and were present at the same party. Here both agree that the woman sat on the man’s lap. There were several defense personnel at the party, and alcohol was drunk. They then followed home as the party was winding down. The woman had a longer way to go than the man. The man claims he was supposed to be decent and follow her all the way home. – I don’t think it was right for her to go home alone, he said in his explanation. The woman claims she said she didn’t want this. The defendant nevertheless followed. On the way home they kissed several times. Then they arrived at her front door. – I felt sick to read his name At the front door, the prosecution believes that the man must have pushed the woman up against the house wall, kissed her and inserted one or more fingers into her. They brought out an indictment for rape. The woman describes in court that she was paralyzed and froze. The prosecutor in the case, Trude Kvanli, points out that the woman had expressed that she did not want this. – She said that the defendant could go home when they reached the door. The man could have listened to her and left, she says. – This was not a situation she wanted. When the defendant explained himself, he claims that he understood that what happened was what both parties wanted. He does not rule out that he may have touched her without her clothes, but does not plead guilty to what he is accused of. – When you are in the act, it is a natural progression that you start touching each other, said the man in his explanation. – I don’t remember her pulling away. It was a natural ending. The prosecutor, on the other hand, believes that the court must give weight to the victim’s explanation. – It is sober, nuanced and detailed. Her reactions substantiate that something has happened against her will. In retrospect, she felt sick reading his name, says Kvanli. – She regrets that she did not tell about this earlier. Prosecutor Trude Kvanli believes the court must place emphasis on the victim’s explanation. Photo: Trygve Grønning / news Several reports against the accused Because it was almost two years before the woman reported what allegedly happened. She was offered to become the boss of the man she believes has raped her. Then she could no longer keep it to herself. Her boss got involved. In the first conversations, the woman did not tell all the details. But on the third call she mentioned penetration. A notification case was then established in the Norwegian Armed Forces. Soon after, the relationship was also reported. In the trial, the woman’s boss was called in as a witness. She was the one who dealt with the notification case. It then emerged that there had been several warnings against the accused. These were not judged to be of the same serious nature, but must have dealt with sexually offensive behaviour. According to the Norwegian Armed Forces’ representative, these circumstances were taken into account in the assessment, when they had to decide what reactions the case would have for the man. The conclusion was that the man could not renew his contract in the Armed Forces, and was deprived of attendance until the contract expired a few months later. When he received that message, he was also informed that his actions were a breach of Section 297 of the Criminal Code, which applies to sexual acts without consent. In court, the man explains that he already felt judged, before he explains himself in police questioning. – Everything started collapsing. I thought that no matter what I do now, I will be judged, says the man in his explanation. – It is not a criminal offense to follow someone home. The prosecutor submitted a request for imprisonment for 3 years and 3 months. The woman’s legal aid lawyer believes the court should sentence the man to pay restitution to the woman of approximately NOK 120,000. – She has arranged her life and her everyday life after this incident. She has changed shifts and turned down a job offer because of the defendant, says defense lawyer Kristina Aastrøm. Assistance lawyer Kristina Aastrøm says that her client has had a tough time since the incident. Photo: Trygve Grønning / news The defense attorney, on the other hand, believes that such a verdict would have been an event in legal history. – She did not say no when the sexual act was supposed to have taken place, she herself explained that in court, says defender Olav Eriksen. – It is not a criminal offense to follow someone home even if it is not wanted. He believes there is no evidence that the woman spoke clearly or resisted the sexual act. – My client cannot be blamed for the fact that it was against her will and that she regretted it afterwards, when she neither verbally nor physically resisted then and there, claims Eriksen. – There is nothing in her explanation that indicates that a rape has taken place. The defender therefore submitted a claim that his client be acquitted of the relationship. Defense attorney Olav Eriksen believes the evidence in the case is far too thin to convict his client of rape. Photo: Trygve Grønning / news
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