the Matter has been dealt with in the criminal justice system over several years. In the first treatment in the court of appeal was of the man sentenced for sexual assault. But Høgsterett on the judgment and the Gulating lagmannsrett had to treat the matter again.
There, the conclusion is clear: the 40-year-old can not dømmast for abuse, among other things, because the events is a number of years back in time, and because the proof against him is not strong enough.
This despite the fact that he admits to having performed acts that have been “grenseoverskridande and skadevoldande” against the girl on multiple occasions.
Took the man in the genital area
For the court of appeal think that the girl talk true when she tells about the different events. Among other things, in the summer of 1998 when she was visiting the grand-children are. When sat she in the sitting-room together with the man and he had ho to take on the genital of his.
– It was broken by the fact that people came into the chamber, but berøringa of the penis on the bare skin was taken up again several times after this and when they came again went out. No one else saw what happened, write dommarane in the court of appeal.
the Man was pågripen and it ” in 2016 and the police throughout the judicial process required that the man should dømmast for a number of abuses. But with the recent verdict from the court of appeal may not skuldspørsmålet ankast further.
Must pay damages
But the appellate court nevertheless has done in your case is to judge the man to pay the so-called meinerstatning close to 400.000 nok. When the court shall consider the replacement is the requirements for evidence far weaker and thus must the man pay for what he admits to have made against the girl.
age difference between them was considerable, and the events have had consequences for her childhood, adolescence and vaksenliv. He should have understood that the activities could inflict serious damage, enter the right.
the Court is based partly on evaluations done by a rettsoppnemnd psychologist, which states that the girl has got post-traumatic stressliding and depression. She has got problem with the internal stress, søvnproblem and lack of zest for life, believes psychologist.
Considering the new appeal
the Man’s defender, Ivar Blikra, says in a comment to NRK that the client is happy to be frifunnen and that a four-year long rettsmaraton is over when the debt skuldspørsmålet.
It has been a huge burden on my client and the insult of living with usikkerheita in four years, says Blikra.
He is considering now in the layer with the man if they should appeal erstatningsspørsmålet further to Høgsterett. The man believes that there is no basis for that he shall pay the girl money for the events.
the Girl’s lawyer Marianne Bech says to Bergens Tidende that the girl is saddened over the verdict, even if she gets a replacement.
