Soldier acquitted of rape in Camp Rena – Hamar Dagblad

It is clear from the judgment that was preached by South Østerdal District Court Wednesday.

Met at the pub

The incident allegedly took place in Rena camp in December 2014, which ended with a commandment man in their 20s were charged with rape, and later thus prosecuted.

The man and the female soldier should have had little contact prior to the incident on December 11, but they had communicated with each other through checking application “Tinder”. On the evening that date they met at a pub at Rena. Eventually went both – separately – back to camp. Later in the evening / night approached the man the woman at the barracks she lived.

Voluntary sex first

After this woman with the man into the command man room, where they had sexual intercourse. Both the man and the woman explained in court that initially revolved around consensual sex for both parties. But eventually went explanations in different directions.

The woman explained that when she wanted to leave the place she was restrained and dragged down in bed – which the man forced himself to have sex with her. In his explanation woman said that she tried to squirm away and / or nudge the defendant, and that she repeatedly said “no.” The man was on his side ready that he at no time had intercourse with the woman against her will, and it was all based on voluntary from both sides.

Credible explanations

The woman sought rape reception following the incident. Here it was demonstrated bruises on the body. Court nevertheless concluded that it could not be excluded that this happened under the voluntary sexual intercourse.

South Østerdal Court believes both the victim and the defendant appeared as credible in their explanations. For the defendant part believes the court that it was given a detailed explanation – in several areas more detail than a woman’s explanation.

In an overall assessment, South Østerdal District Court concluded that it was not brought sufficient evidence to convict the man of rape.

“ (…) Although aggrieved exhaust a credible explanation, which also strengthened by other evidence, the court could not disregard the possibility that the defendant made statements true. He submitted a credible explanation in court, and all doubts will be him good “concluded the ruling.

– Replacement does not affect the acquittal

Her counsel had laid claim for pecuniary damage to his client. Although the man was acquitted of rape, he was therefore sentenced to pay 150,000 dollars in compensation to the woman. The reason is that requirements for evidence in compensation cases are not as stringent as in criminal cases. It shall also be a preponderance of evidence that the action should have taken place.

The court also came to the conclusion that there was a clear likelihood both that rape took place and that the defendant acted with intent, and that therefore there was no basis for the imposition man claims. Underlined the court that although it was likely that the conditions for awarding compensation is present, does nothing to alter the basis for the acquittal in the criminal case.

Normal Compensation for rape according to jurisprudence 150,000 kroner. The court could not see that in this case existed circumstances that could waive this norm.