RT Article
T1 “Unconscious or for Other Reasons Incapable of Resisting”: (Un)Protected Sexual Assault Under Norwegian Criminal Law
JF Violence against women
VO 30
IS 14
SP 3676
OP 3703
A1 Houge, Anette Bringedal
A2 Laugerud, Solveig
LA English
YR 2024
UL https://krimdok.uni-tuebingen.de/Record/1908930306
AB 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.
K1 Norway
K1 rape legislation
K1 legal veridiction
K1 Sexual Assault
K1 Incapacitation
DO 10.1177/10778012231181048