Mar 13 • 13:28 UTC 🇳🇴 Norway Aftenposten

He was sentenced for having masturbated with a sleeping woman's hand. Now the Review Committee has concluded.

A man sentenced for violating a sleeping woman's consent has had his case rejected for reopening by the Review Committee, despite claims of new evidence regarding audio recordings.

The case revolves around a man, referred to as "Martin," who received a lengthy prison sentence for the sexual assault of a sleeping woman, a situation he claims was consensual. Key evidence in the case included an audio recording made by the woman, which she had set up after feeling uncomfortable with Martin's advances. Initially, the evidence was interpreted as supporting the woman's account, leading to his conviction. However, after two and a half years, the Review Committee has concluded that they do not meet the criteria for reopening the case, despite the defense arguing that new analysis of the recording constitutes new evidence.

The defense attorney is critical of the Committee's decision, arguing that the new analysis of the audio recording is relevant and should be considered in the context of possible judicial errors. The Committee, however, stands by its assessment that the conditions for reopening the case have not been satisfied. This decision raises significant questions about the legal treatment of consent in situations involving individuals who are asleep or incapacitated and reflects broader societal discussions regarding sexual violence and the complexities of consent.

Ultimately, the refusal to reopen the case highlights the challenges faced by defendants seeking to overturn convictions based on claims of new evidence, raising issues about the standards of evidence in such sensitive cases. The implications of this decision extend beyond just this case, as it may influence future instances of alleged assault where consent is ambiguous, particularly regarding intoxication or unconsciousness.

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