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– That’s the way it is in a developing society, says Ulf Stridbeck, professor emeritus at the University of Oslo Faculty of Law.
This week, a 50-year-old Agder man was sentenced to three years in prison for serious sexual abuse against his one-year-old niece.
If the criminal acts occurred after the new law went into effect in 2015, the punishment would probably have been much stricter.
This has led to strong reactions in the NRK comment field, and with Ada Sofie Austegard at the Stine Sofies Foundation. She believes the verdict shows that something is wrong with the system.
“The case shows how an abuser can escape horrible crimes,” Austegard told NRK.
Contrary to the Constitution.
When the new law came in 2015, the sentence was increased to ten years for sexual relations with children under the age of 14.
In aggravated circumstances, imprisonment can be punished for 21 years.
The laws have no retroactive effect. Introducing it would be contrary to the Constitution.
– It is as simple as being judged by the rules that apply
when the action happened that we have passed the new criminal law does not affect that, says Stridbeck at UiO.
The reason why it is so is to know what punishment you can receive if you commit a criminal act.
– Putting it at the head can explain that if an act is not punishable, but becomes five years later, then one should not be punished because the law was modified five years later.
– It is logical that one should not be punished for an act when he was not criminalized.
Participation has been excellent on social networks. People react strongly to the fact that the abuser received only three years in prison.
Photo: Screenshot
– I am doomed
The Aust-Agder District Court ruling is upset because it is perceived as unfair, says Stefan Dahlgren, general manager of Barnas Trygghet.
The organization works to prevent violence and child abuse.
– When you ruin a child’s opportunity for a safe education, you could ruin a life. It is absolutely disturbing, says Dahlgren.
The verdict also catches Mia Landsem’s attention. The profiled “data detective” works closely with Children’s Security.
She believes that the rule that laws have no retroactive effect should be removed in cases of child abuse.
– I am doomed! There are too many cases that have too low a penalty. What’s worse is that many have been convicted before or are committing new crimes right away, says Landsem.
He also wonders what happened to the movies the man took on the abuse.
These were found at his home and displayed in court. She asks:
– Are they sent to several? Did you put them somewhere? Did the police trace where they ended up? Landsem points out that movies can follow these girls for the rest of their lives.
Mia Landsem reacts strongly to the fact that the man likely received a lower sentence because the abuses occurred before the new Penal Code came in 2015.
Photo: NRK
Keeps it hidden for years.
NRK has been in contact with several of the politicians on the Storting Justice Committee. Right-winger Per Kristian Frølich is skeptical of such a proposal.
– The Constitution prohibits retroactive sanctions, and the entire Western rule of law is based on this fundamental principle. This cannot be avoided by politicians or judges.
Frps Kari Kjønaas Kjos supports Landsem and Austegard, who believe that the relevant law should have a retroactive effect.
– We know that the vast majority of children who have been sexually abused keep it hidden for years. This means that we will experience more disruptive cases in the coming years. Unfortunately, says Kjnaas Kjos.
Frps Kari Kjønaas Kjos believes that the penal code should have a retroactive effect.
Photo: NRK
