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

Violence Against Women

Department of Criminology and Sociology of Law, Faculty of Law, University of Oslo, Oslo, Norway.

Published: November 2024

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.

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http://www.ncbi.nlm.nih.gov/pmc/articles/PMC11538764PMC
http://dx.doi.org/10.1177/10778012231181048DOI Listing

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