The prosecutor in the case in question appeared 30 days in prison was the appropriate punishment for assaulting a seven year old girl. He referred to a similar case from 1999 and upheld in their claim when the perpetrator was sentenced last December.
But the prosecutor in Oslo reacted to the court had not taken into account the sharpening of the penalties for sexual offenses. This sharpening came in June 2010.
– There is an obvious disparity between the offense and the punishment, as appropriate punishment in this case is around prison for 90 to 120 days, according to the appeal, signed Attorney Havard Skallerud by prosecutor in Oslo.
– This is very special, I’ve never heard of anything like this, but it’s really gratifying, says head of the Stine Sofie Foundation, Ada Sofie Austegard said.
– A total Parliament has for decades signaled that violence and abuse against children should be punished hard. We have seen an increase in penalties, but it helps nothing so long as the country prosecutors continue to lay down so low claims, she said.
Challenge
Austegard says it is a common feature in Norwegian judicial system that is placed lower claims in cases of child abuse than in cases of abuse against adults. In a circular from last year about criminal proceedings comes Prosecutions upon the challenges:
– The legislators clear guidelines for stricter punishment in cases of violence and by sexual offenses now have undoubtedly gained acceptance in the courts.
He mentions that two conditions still requires continuous attention: One is that the punishment in several cases be significantly lower than the prosecutor in cases requesting.
– Secondly, ensure that allegations of criminal not being too gentle, says Public Prosecutions.
Justice Minister Anders Anundsen (FRP) would not comment on the case.
Aggravating
In the case in question acknowledged the 42-year-old man to have brought with them a seven year old girl home, masturbating with her on his lap and touched her. The verdict is mentioned as aggravating that the man is previously fined for blotting and that he abused a position of trust. Prosecutor let the claim and received approval for 30 days in prison, of which 15 days were suspended. Two weeks after prosecutors appealed the verdict itself.
Prosecutor Skallerud shows appeal to newer judge with sharpened criminal level and estimates that punishment in the case in question should be three to four times longer. It also pointed out that the recurrence risk advocating stricter punishment.
– Prosecutors fear that convicts should encroach on new, says the appeal.
Sobering
Police Attorney Børge Enoksen by Asker and Bærum Police were prosecuted and told NTB that he did not want to comment the appeal:
– I downloaded assertion from what I perceived was jurisprudence, beyond that I have no comment.
The father of the victim in the case reacted strongly to the prosecution in court apparently took it lightly daughter had been subjected to.
– We think it’s awesome that the public prosecutor by appellate sentencing has admitted that punishment is too mild. It is nevertheless suggestive that they basically took that wrong, he said.
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