The rape was said to have taken place on a May night at the defendant’s home.
The defendant and the victim had met once before, at a nachspiel shortly before the evening in question.
When the tavern closed, the woman asked the accused if he wanted to join the nachspiel, to which he agreed. They stayed there until late at night, and the defendant offered the woman and her boyfriend to spend the night with him. Then they join him in a taxi to his home.
He claims he doesn’t remember anything
When they came to his house, he made a bed in his sister’s bedroom, and offered the friend to sleep there. He offered the victim to sleep with him in his room, and she agreed.
Then they went to bed in the defendant’s room. There it is said that they kissed for a bit, but then the woman is said to have said she had no desire for intercourse.
According to the woman’s explanation, the two of them had a bit of a flirtatious tone earlier in the evening, and so she wanted to speak clearly and clearly. She took that to mean the man respected this, said “Okay,” and nothing else sexual happened before they fell asleep, according to the ruling.
The woman explained that she then woke up to the defendant lying on top of her and having sex with her.
The man did not admit criminal guilt, but made it clear that he did not deny having sex with the offended woman. He has explained that he was drunk and does not remember anything from the time of the question.
They had divided opinions
The court had divided opinions on the debt issue. The majority of the court, with the presiding judge and one associate judge, found that it had been proven beyond reasonable doubt that the defendant was guilty of rape.
On the other hand, a fellow judge held that there was a reasonable doubt about the defendant’s criminal guilt and that he should be acquitted. Noting the strict evidentiary requirements that apply in such criminal cases, the co-judge could not rule out that the sexual intercourse was voluntary on the part of the woman.
The man was sentenced to three years and eight months in prison. In addition to the prison sentences, the man must pay NOK 220,000 in compensation to the victim.
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