“Unconscious or for Other Reasons Incapable of Resisting”: (Un)Protected Sexual Assault Under Norwegian Criminal Law

According to Norwegian legislation, “sexual activity with a person who is unconscious or for other reasons incapable of resisting the act” constitutes sexual assault. Our task in this article is to identify the kind of sexual harms that are (un)protected by this paragraph and to discuss the boundari...

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Bibliographic Details
Main Author: Houge, Anette Bringedal (Author)
Contributors: Laugerud, Solveig
Format: Electronic Article
Language:English
Published: 2024
In: Violence against women
Year: 2024, Volume: 30, Issue: 14, Pages: 3676-3703
Online Access: Volltext (kostenfrei)
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Keywords:
Norway
rape legislation
legal veridiction
Sexual Assault
Incapacitation
Description
Summary:According to Norwegian legislation, “sexual activity with a person who is unconscious or for other reasons incapable of resisting the act” constitutes sexual assault. Our task in this article is to identify the kind of sexual harms that are (un)protected by this paragraph and to discuss the boundaries of rape that are set by legal practice. We do so through a systematic analysis of all verdicts on incapacity and sexual assault at appellate court levels through 2019 and 2020. The analysis strengthens our concern for victims’ right to equality before the law and for the quality of courts’ legal veridiction and interpretation of both law and sexual assault.
ISSN:1552-8448
DOI:10.1177/10778012231181048