RH 2010:6

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The defendant was charge with sex crimes, including: (1) rape of woman A, (2) sexual coercion and rape of woman B, and (3) sexual coercion and attempted rape of woman C. It was alleged that the defendant assaulted all three women while he was highly intoxicated. The district court convicted the defendant on all charges, but the Court of Appeal reversed the convictions on the charges related to women B and C. Regarding woman A, however, the Court of Appeal affirmed defendant’s conviction because, at the time of the rape, woman A was in a helpless condition and asleep from intoxication. Although the defendant argued that he should not be held liable because he was intoxicated, the court rejected his defense. The Court of Appeal recognized that the law classifies rape as less severe if there is no penetration, or that the penetration was brief and interrupted after the victim wakes up and objects to having intercourse, no such mitigating circumstances were present. Consequently, the defendant was convicted of rape of the “normal” degree (Sw. av normalgraden).



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