The defendant suspected that his then-wife was unfaithful. In order to determine if his suspicion was correct, defendant forced his wife onto a bed, pulled her legs apart, and inserted two fingers into her vagina. During this ordeal, the defendant had also threatened her. Despite the defendant’s alleged purpose, the Supreme Court found that his actions were sexual in nature and that they constituted rape. Although sexual assault may be viewed as less severe if the victim wakes up and objects, that concept did not apply. Here, the defendant used actual and threatened violence in a manner that was humiliating to the victim and, as a result, the Supreme Court held that the crime was not to be classified as “less severe” (Sw. mindre grovt), but as a rape of the “normal” degree (Sw. av normalgraden).
NJA 2013 s. 548