Citation

Houge AB, Laugerud S. Violence Against Women 2023; ePub(ePub): ePub.

Copyright

(Copyright © 2023, SAGE Publishing)

DOI

10.1177/10778012231181048

PMID

37321817

Abstract

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.

Language: en

Keywords

Norway; sexual assault; incapacitation; legal veridiction; rape legislation