{"title":"\"Unconscious or for Other Reasons Incapable of Resisting\": (Un)Protected Sexual Assault Under Norwegian Criminal Law.","authors":"Anette Bringedal Houge, Solveig Laugerud","doi":"10.1177/10778012231181048","DOIUrl":null,"url":null,"abstract":"<p><p>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.</p>","PeriodicalId":23606,"journal":{"name":"Violence Against Women","volume":" ","pages":"3676-3703"},"PeriodicalIF":2.3000,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11538764/pdf/","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Violence Against Women","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1177/10778012231181048","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"2023/6/15 0:00:00","PubModel":"Epub","JCR":"Q1","JCRName":"WOMENS STUDIES","Score":null,"Total":0}
引用次数: 0
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.
期刊介绍：
Violence against Women is an international, interdisciplinary journal dedicated to the publication of research and information on all aspects of the problem of violence against women. The journal assumes a broad definition of violence; topics to be covered include, but are not limited to, domestic violence, sexual assault, incest, sexual harassment, female infantcide, female circumcision, and female sexual slavery.
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