The then 16-year-old “Tonje” thought she could trust her friend who was a few years older. She had been drinking vodka, he said he was having a party. But at his friend’s house it was just him and another friend. And more alcohol. The two men were prosecuted for breaching section 295c of the Criminal Code: “For having acquired or another sexual intercourse by exploiting a person under the age of 18 in a particularly vulnerable life situation.” Neither the District Court nor the Court of Appeal believed that they could not convict the men. They had taken advantage of Tonje in a vulnerable situation, not a life situation, as stated in the law. The case caused many to react. Has been up to the Storting already Both the Swedish Aid Committee, SV, and several other parties believed that it was high time to change the law. The case was actually brought up in the Storting shortly after Tonje’s story became known. They concluded that something had to be done, but that any change had to be thoroughly reviewed first. This has been done, in a report that has assessed several aspects of the law that include sexual offences. In the report, the Criminal Code Council proposes to change the text of the law from “life situation” to “situation”. – In our assessment, it is uncertain whether the current legal text meets the human rights requirement for protection – and in any case the protection is insufficient, says Linda Gröning, head of the Criminal Law Council. – Among other things, we have seen cases where this life situation can be interpreted so that it does not include cases where you end up in a vulnerable situation. The proposals have been out for consultation. The deadline for submissions expired last week. – We haven’t received much feedback on that proposal, so I think there will be changes on this point, says Gröning. A review among the political parties in the Storting suggests that the proposal to change the wording in the law will get a majority. – It’s all quite sick, says “Tonje” to news today. This is how the parties in the Storting stand on the matter SV: We are very happy about this and it is something we have put forward proposals for in the Storting in light of the Tonje case. We received a majority for this to be included in the work of the Criminal Code Council and are satisfied that they support our view. We are very positive that the wording in §295 is changed so that the protection against sexual exploitation of children is significantly strengthened. We have terrible examples of how the wording from earlier, four small letters, has meant that what we consider to be a justified abuse sentence has not taken place. This despite the fact that the intention of the law is that those cases should be judged. We then get a wording that follows the law’s own intention. KrF: The case about Tonje upset us all, and KrF believes it is important that we have legislation that protects young women from what Tonje experienced. KrF will support amendments to §295c that ensure this, and expects the government to ensure that the design of a consent act will, among other things, help to strengthen the legislation here. Liberal Party: The Liberal Party in Parliament has previously voted to change this wording, and we will do so again. As the law stands today, it does not take care of this, and goes against our international obligations and the general sense of justice. It must be changed, so that the victims get better protection. Society has a responsibility to prevent violence and abuse from happening. We must also ensure that the legislation safeguards our international obligations. Conservative Party: The Conservative Party supports the proposal. All forms of sexual exploitation should be punishable. Red: Red supports the proposal to change the wording in §295 c so that the wording is in line with what was the intention behind the section. MDG: Do not wish to comment on the matter until they have familiarized themselves with it. The Labor Party, Frp, Sp and Patient Focus have not yet responded to news’s inquiries in connection with this matter. Has changed my view of the legal system – I feel a sense of pride in what I have achieved. It is special that an ordinary person like me can contribute to changing the law. The young woman says that her life today is good. She goes to school, works and has a boyfriend. And she is happy that something is finally happening with the controversial law. – It is not only people in vulnerable life situations who should be protected. You can have a great life and still end up in a situation like I did, says Tonje. After her case had been heard in both the District Court and the Court of Appeal, she lost faith in the legal system. – It has changed a bit now. The fact that they change the law after learning that it has not worked optimally shows that they really want the best for people. – What do you think such a change could mean for the legal security of young people? – I think it will help a lot of people. Unfortunately, such things often happen, and we know that a good number of these cases are dismissed. I think a change could lead to more reviews, because people feel they can trust the system. Tonje’s solicitor, Lina Therese Remlo, is also satisfied that a change in the law is now being proposed. As expected – I obviously think it’s good, but also as expected. This legislative amendment was simply missing, says Remlo. Despite that, Remlo believes that the change in the law should have come at a much earlier time. – We needed this change in the law earlier and I believe that it could have been done earlier because there was an error in the legal text. It’s nice to see that mistakes are corrected, but it’s also a shame that Tonje, in a way, had to bear the consequences of that mistake, says Remlo. KREVENDE: “Tonje” can still feel the same feelings as she had after the incident with her former friend, but tells news that she feels much better today. Photo: Petter Strøm / news
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Proposal for a new criminal law on rape and sexual assault. The Tonje case changes the law – news Nordland
