Women and Justice: Keywords

Domestic Case Law

U1993.941/2V Western High Court (1993)

Sexual violence and rape

The defendant was found guilty of rape and sentenced to four months imprisonment. The defendant had intercourse with a physically and mentally disabled woman who was the sister of the woman with whom he cohabited. The victim had limited power in her arms and legs and difficulties moving and walking. She was also mentally handicapped. At trial, the woman testified that she tried to push the defendant away from her although she did not scream. The Court upheld the lower court’s acquittal of the defendant of aggravated rape because the intercourse did not occur under threat of violence. However, the Court found the defendant guilty of having forced intercourse with a disabled woman (Penal Code § 218) because her condition rendered her unable to resist the defendant and the defendant was aware of this because of his prior acquaintance with her. The Court awarded the woman 15,000 DKK as compensation.