Feb 17 • 16:15 UTC 🇳🇴 Norway Aftenposten

Confused and Misunderstood Rape Law in Aftenposten's Commentary

The article criticizes a comment about a high-profile rape trial for misunderstanding the legal framework around consent.

The commentary by Rakel Haugen Strand in Aftenposten discusses the ongoing legal proceedings against Marius Borg Høiby, particularly focusing on the interpretation of consent in rape allegations. Contrary to what the commentator suggests, the article argues that the question of whether the complainant consented to sex is irrelevant under the previous rape statute, which was in effect before the adoption of the new 'consent law' in summer 2025. This commentary highlights a widespread misconception in media coverage regarding the nuances of legal interpretations of rape and consent in Norway.

The article notes that recent media explanations often simplify the court's evaluation to whether the women involved were asleep or had consented to sexual activity. It states that this conflation of past and present laws leads to significant misrepresentations of the legal issues at play. The old legal provisions, under which Høiby's case falls, do not hinge on consent in the same way that the reformed legislation does, which aims to clarify and strengthen the legal standing of consent in sexual violence cases.

Overall, the commentary serves as a crucial reminder of the need for accurate reporting in legal matters, especially those as sensitive and impactful as rape allegations. As legal frameworks evolve, it is essential for both media and the public to understand these changes and their implications. Misinterpretations can perpetuate stigma or misinform the public discourse surrounding consent and sexual violence, which is a critical issue in contemporary society.

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