Norway steps closer to defining rape as lack of consent

Large international rights organizations believe that Norway needs to change its rape law, this time to adopt a consent clause. Changing the law wouldn’t do much to solve the problems, say law professor Ragnhild Hennum and criminology professor May-Len Skilbrei. (Photo: Berit Roald / NTB Scanpix) Berit Roald
Norwegian lawmakers
on Friday adopted a bill that would change the definition of rape to lack of
consent, rather than the current standard focusing on violence, threats or
taking advantage of a vulnerable person.
The legislation,
backed by a majority in the country's parliament, is modelled on the "only
yes means yes" law in neighbouring Sweden.
Once adopted in a
second parliamentary vote, the amendment would be applied to the existing
criminal statute.
Violators would face
a maximum prison term of six years in cases where consent was not given.
Denmark, Greece and
Spain already treat non-consensual sexual acts as rape.
Under the change in
the Norwegian law, consent must be clearly expressed verbally or with a gesture.
"(Currently)
the law considers it rape only if there has been violence, threats or if
someone has taken advantage of the vulnerability of a person unable to
resist," Justice Minister Astri Aas-Hansen said in April when she
presented the government's bill.
"But there may
be other reasons why a person cannot, or fails to, refuse a sexual
advance," she added.
Whether victims of
sexual assault remained motionless, intoxicated or paralysed by fear during the
act and were unable to fight back would be taken into account under the
amendment.
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