Man sentenced in the Supreme Court to suspended prison for kissing a 13-year-old girl – news Nordland

This spring, the Hålogaland Court of Appeal sentenced a 19-year-old Narvik man to suspended prison for 32 days. They found it proved that the man had kissed a 13-year-old girl during a vorspiel in Narvik. The sentence was appealed to the Supreme Court by the accused 19-year-old, but there the appeal was rejected. The Supreme Court emphasizes in the judgment that not all actions with a certain sexual character are punishable. But that the kiss in this case must be considered a sexual act. – In a vulnerable situation In the judgment, the sequence of events is described: The victim came to the vorsiel together with an older friend and pretended to be over 16. The other participants were between 16 and 28 years old. She was served alcohol and became intoxicated. At one point she ran out of the apartment without shoes. The defendant then took care of her and carried her back to the apartment, up the stairs to the 4th floor, into a bedroom and into a bed. The accused went to bed with her. The two are said to have kissed there. In the judgment from the Supreme Court, the conclusion is: “In this case, the victim was in a vulnerable situation, as the Court of Appeal has described. She was young, drunk and sometimes behaving strangely”. The judge writes that the victim in such a case has a need for protection of his sexual integrity, and that the act is affected by section 304 of the Criminal Code. news has tried to get in touch with the man’s defense attorney, without success. Thought it was not punishable In both the district court and the court of appeal, the man was convicted for the kiss itself. He was also charged with sexual assault, but this was not proven, according to the judgement. Two co-judges in the Court of Appeal wanted to acquit the man. The man appealed to the Supreme Court because he believed the act was not covered by section 304 of the Criminal Code. He also appealed against the sentencing, but the Supreme Court did not deal with it. The Supreme Court also emphasizes that the act is in the lower tier of the rule’s scope of application. Published 16.10.2024, at 13.06



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