UN Secretary-General’s Study on Violence against
Children – Information from Norway in response to the
questionnaire
I. LEGAL FRAMEWORK
International human rights
instruments
1. Describe any developments with respect to
violence against children which have resulted from your country’s
acceptance of international human rights instruments, including, for
example, the Convention on the Rights of the Child and its optional
protocols, the Palermo Protocol or regional human rights
instruments. Provide information on cases concerning violence
against children in which your country’s courts or tribunals have
referred to international or regional human rights
standards.
Norway has a long tradition of rules prohibiting
violence against children and promoting children’s rights. In many
areas Norwegian legislation been ahead of the legal framework
developed on the basis of international instruments. When it
ratified the Convention on the Rights of the Child, Norway found
that its legislation already fulfilled the requirements of the
convention. No changes were therefore initiated as a result of
ratification. However, this does not mean that international human
rights instruments have not had any impact on the Norwegian legal
framework as regards this issue.
In 2003 the Convention on the Rights of the Child and
its optional protocols were incorporated into Norwegian law through
an amendment of the Human Rights Act of 21 May 1999 no 30. All rules
in these instruments aimed at protecting children from violence are
thus part of our domestic law.
At the same time as the Human Rights Act was amended,
the definition of children in the provision in the Penal Code
concerning child pornography was amended with reference to the
optional protocol to the Convention on the Rights of the Child on
the sale of children, child prostitution and child pornography.
According to section 204 of the Penal Code, every person under 18
years of age, or who appears to be under 18, is a “child” with
respect to child pornography.
In 2004 the Act relating to genital mutilation was
amended to strengthen the protective measures against this practice,
also with reference to the Convention on the Rights of the Child.
Even when explicit reference is not made to
international human rights instruments, these international
standards are part of the general background and social climate that
give rise to the new rules.
We have not found any examples of cases of violence
against children where the national courts have referred to
international human rights standards.
Legal provisions on violence against
children
2. Describe how forms of violence against children
are addressed in your country’s constitution, legislation and
subsidiary legislation, and where appropriate, customary law.
Cf. Norway’s initial report to the United Nations
Committee on the Rights of the Child, 1993, para. 258 and
following, Norway’s second report to the United Nations
Committee on the Rights of the Child, 1998, para. 124 and
following, and Norway’s third report to the United Nations
Committee on the Rights of the Child, 2003, para.
305).
Physical and sexual violence against children is
criminalized under the Penal Code of 22 May 1902 No 10. Chapter 19
relates to sexual felonies, chapter 20 regulates felonies concerning
family relationships (abuse, battering, child marriage), and chapter
22 relates to felonies against another person’s life, body or
health. Excerpts from the Norwegian General Civil Penal Code are
enclosed.
According to the Act prohibiting female genital
mutilation, section 1, any person who wilfully performs an operation
on a woman’s genitalia that damages the genitalia or inflicts upon
them permanent changes is liable to punishment. The penalty is
imprisonment, cf. also the answer to question 19.
The general provisions concerning violence protect
children as well as adults, and there are some additional provisions
relating only to violence against children. The Child Welfare Act of
17 July 1992 No. 100 protects children from all types of violence
and abuse in the home and by their families.
There are also several preventive and protective
provisions in different areas of legislation, such as the obligation
to report suspected instances of abuse to the child welfare
authorities and the requirement of a certificate of good conduct
from the police for certain jobs involving contact with children.
Such provisions will be described in more detail under the next
question.
Through the Human Rights Act of 21 May 1999 No 30, all
rules protecting children from violence in central human rights
instruments are made part of Norwegian domestic law. This applies to
the European Convention on Human Rights, the International Covenant
on Civil and Political Rights, the International Covenant of
Economic, Social and Cultural Rights and the UN Convention on the
Rights of the Child.
3. Provide detail of any specific legislative
provisions on;
- Prevention of all forms of physical, sexual and
mental violence, injury or abuse, neglect or negligent treatment,
and sexual abuse;
- Protection of children from all forms of
violence;
- Redress, including compensation, for child
victims of violence;
- Penalties for perpetrators of violence against
children;
- Reintegration and rehabilitation of child victims
of violence
There is an overlap between provisions to
prevent violence and provisions to protect children from
violence. For example, section 29 of the Penal Code provides that a
person found guilty of a criminal act may be sentenced to loss of
office or “the right to hold office or carry out any activity or
occupation that the offender has by the criminal act shown himself
unfit for or unworthy of”, see the enclosed translation. This
type of sanction can help prevent or make it less likely that a
specific person commits a fresh offence of violence against children
if the first offence took place in a work-related situation.
Victims have in general a right to compensation from
the offender for financial loss and damages for injury of
non-pecuniary character. This is regulated by the Act of 13 June
1969 No 26 relating to damages. Victims can choose to pursue their
claim through civil action independently of the criminal prosecution
of the offender, or they can pursue their claim in connection with
the criminal case. In the latter case, much of the presentation of
evidence can be left to the prosecutor.
Physical and sexual violence against children is
punishable pursuant to the provisions in the Penal Code. A
translation of the most relevant sections is enclosed with this
report. For a short summary of the penalties for sexual abuse of
children, reference is made to Norway’s third report to the United
Nations Committee on the Rights of the Child, paragraph 560. In
brief, one can say that the Penal Code generally operates with a
broad sentencing framework, which means that much is left up to the
courts to decide in each specific case. Guidelines based on earlier
practice are used in conjunction with the provisions of the Penal
Code.
4. Indicate whether any specific legislative
provisions address all forms of violence including physical, sexual
and psychological violence, injury or abuse, neglect or negligent
treatment and sexual exploitation against children which takes place
in:
- The family/ home;
- Schools and pre-school care and education (both
formal and non-formal, state and private);
- Military schools;
- Institutions including care, residential, health
and mental health;
- The context of law and public order enforcement
including in detention facilities or prisons;
- The neighbourhood, street and the community,
including in rural areas;
- The workplace (informal and formal);
- Sports and sporting facilities.
The provisions of the Penal Code concerning violence against
children extend to all such incidents regardless of where they
happen, whether at home, at school or in connection with sport. The
fact that there is no specific provision relating to for example
violence at school does not mean that such incidents are not
criminalized or punished.
The circumstances surrounding the offence, such as
where it took place, in what situation, by whom, etc., are
considered relevant in assessing the offence and in sentencing.
There are also penal provisions that apply to abuse of a
relationship or a position. These provisions apply to many of the
situations described in question 4. Sometimes several provisions can
be applied at the same time (concurrence of penalties), which will
aggravate the penalty in the case in question.
5. Indicate if corporal punishment of children, in
any setting, including in the family, is explicitly prohibited in
your legal system. Provide details of any legal defences available
to those who administer corporal punishment to children, including
in the family. Provide information on penalties applicable to those
who administer corporal punishment to children, including in the
family.
Corporal punishment of children is explicitly
prohibited in the Act of 8 April 1981 No. 7 relating to children and
parents, section 30: “The child must not be subjected to violence or
in any other way be treated so as to harm or endanger his or her
mental or physical health.” Violation of this provision
is punishable under penal law.
Corporal punishment, including in the family, is
viewed as regular violence or abuse. This is illustrated by a
Supreme Court decision, published in the report series for 1990, Rt.
1990, page 1155. In this case a father was convicted after having
reprimanded his son once by pinching his lip. The Supreme Court
stated that such behaviour could not be accepted. The incident was
viewed as a regular violation of section 228 of the Penal Code.
In addition to the Penal Code and the Children Act,
the Child Welfare Act of 1992 regulates situations where a child is
subjected to violence. The purpose of the act is to ensure that
children and young people who live in conditions that may be
detrimental to their health and development receive the necessary
assistance and care at the right time, cf. section 1-1. Care orders,
cf. section 4-12 c, may be made if the child is mistreated or
subjected to other kinds of serious abuse at home.
6. Provide information on whether the penal code
permits corporal punishment and/or capital punishment as a sentence
for crimes committed by under 18 year olds.
Neither corporal punishment nor capital punishment is
accepted in Norwegian criminal law, regardless of the offender’s
age.
7. Provide details on whether bullying/hazing
and sexual harassment are explicitly addressed by
legislation.
Sexual harassment is explicitly addressed in the Act
of 9 June 1978 No. 45 relating to gender equality, section
8a: “No person may subject another person to sexual harassment. The
term “sexual harassment” shall mean unwanted sexual attention that
is offensive to the object of such attention. Sexual harassment is
considered to be differential treatment on account of gender. The
employer and management of organizations or educational institutions
shall be responsible for preventing and seeking to preclude the
occurrence of sexual harassment within their sphere of
responsibility. The Gender Equality Ombud and the Gender Equality
Board of Appeals shall enforce the provision in the third paragraph
pursuant to the provisions of sections 12 and 13.”
Section 1.2, sixth paragraph, of the Education Act
states that “All persons associated with schools or with training
establishments shall make efforts to ensure that pupils, apprentices
and trainees are not injured or exposed to offensive words or
actions.” In November 2002 a number of provisions in the Education
Act were amended, including those relating to the psychosocial
environment, cf. Proposition No. 72 (2001-2002) to the Odelsting.
The new provisions apply to the pupils’ learning environment: all
primary and secondary schools are to have a physical and
psychosocial environment that promotes pupils’ health, well-being
and learning. The amendments came into force in April 2003.
Reference is made to Norway’s third report to the Committee on
the Rights of the Child (CRC/C/139/Add.1) para 126-131.
8. Provide information on the way in which harmful
or violent traditional practices including but not limited to female
genital mutilation, child marriage or honour crimes are addressed in
your country.
Misuse of force, coercion or violence is punishable as
such, regardless of whether or not it takes place as part of a
traditional practice. If the traditional practice is violent, it is
illegal and punishable in accordance with the general penal
provisions concerning violence. There are also some provisions
relating specifically to particular traditional practices, for
example genital mutilation and child marriage.
Marrying someone under the age of 16 or assisting in
or aiding such marriage is a criminal offence and punishable
according to the Penal Code, section 220. According to the Penal
Code, section 222, forced marriage is a criminal offence regardless
of age. Genital mutilation is illegal and punishable pursuant to the
Act of 15 December 1995 No 17 on genital mutilation. On the question
of traditional practices, further reference is made to Norway’s
third report to the Committee on the Rights of the Child
(CRC/C/139/Add.1) para 46-52 and 381-385.
9. Provide information on the applicability of
specific provisions to address all forms of violence against
children to non-citizens and stateless children, including asylum
seekers and displaced children. If specific provisions do not apply
to such children, provide details of protection offered to
them.
The rules protecting children from violence and abuse
apply to everyone in Norway, regardless of citizenship or whether or
not they have a residence permit.
10: Provide information on any difference in the
definition of violence and the applicable legal framework according
to:
- The sex or sexual orientation of the victim and/or of the
perpetrator;
- The age of the victim and /or of the perpetrator;
- The relationship between the victim and the perpetrator,
including, but not limited to infanticide, sexual violence in
marriage, incest and sexual abuse within the family, and physical
chastisement.
The sex or sexual orientation of the victim and/or the
perpetrator does not affect the provisions concerning violence
against children.
The legal age of consent is 16. Sexual activity
involving a person under this age is illegal and punishable pursuant
to specific provisions relating to this in the Penal Code. If the
parties are at an equal level of development and close in age and
the act took place with mutual consent, the penalty may be remitted.
The statutory minimum age of criminal responsibility is 15.
Differences in age may also be an important factor in the context of
other penal provisions concerning sexual relations between unequal
parties.
For some offences, the relationship between the victim
and perpetrator is in itself the main reason for or factor in
criminalization and punishment. This is for example the case with
incest and with sexual activity resulting from the abuse of a
position or relations of dependency or trust. For other offences
similar factors may be taken into account in connection with
sentencing.
There are some special provisions in section 234 of
the Penal Code relating to the situation where a mother kills her
infant at birth or within 24 hours of birth. In such situations, the
minimum punishment is one year with a maximum of eight years in
prison, whereas the punishment for infanticide in other cases is a
minimum of six and a maximum of 15 years in prison.
11. Provide information on any recent
comprehensive review of the legal framework to address violence
against children.
There has been no recent comprehensive review
specifically directed at the legal framework to address violence
against children. There are, however, several examples of such
reviews and amendments in particular areas. In 2000 chapter 19 of
the Penal Code was revised, partly in order to strengthen the
protection of children from sexual violence. Reference is made
to Norway’s third report to the Committee on the Rights of the
Child (CRC/C/139/Add.1) para 560. There have also been
amendments to the Genital Mutilation Act. Reference is made to
Norway’s third report to the Committee on the Rights of the
Child (CRC/C/139/Add.1) para 381.
The definitions and descriptions of all criminal acts
in the Penal Code are under revision. This applies to all penal
provisions in the Penal Code, including the provisions relating to
violence against children.
12: Provide information on any studies and surveys
which have been undertaken to assess the impact of legal measures to
address violence against children.
No study or survey has been carried out to assess the impact of
legal measures to address violence against children in general.
Courts tasked with addressing violence
against children
13. Identify those parts of the court structure in
your country tasked with addressing violence against children.
Indicate if your family or juvenile courts have specific
responsibility for this issue.
In Norway we have no specific family or juvenile courts. Cases
regarding violence against children are treated by the ordinary
courts with some adaptations.
The rules protecting children from violence and abuse
apply to everyone in Norway, regardless of citizenship or whether or
not they have a residence permit.
Norway has 12 social welfare boards, which are
administrative agencies and not courts of law. Although they
are not considered part of the court structure, the social welfare
boards make decisions in cases concerning involuntary child welfare
measures pursuant to the Act of 17 July 1992 No. 100 on child
welfare services and in other kinds of cases; for example, these
boards address cases where the risk of violence against children is
one of the reasons for intervention.
Minimum age for sexual activity
14. Provide information on any legislatively
defined minimum age required for valid consent to sexual
activity. Is this age different for girls and boys? Is this
age different in respect of heterosexual and homosexual
activities?
The legal age of consent is 16. Reference is made
to Norway’s third report to the Committee on the Rights of the
Child (CRC/C/139/Add.1) para 99 and 560.
15. Provide information on the minimum age of
marriage for women and men.
A person under the age of 18 may not marry without the
permission of the persons who have the parental responsibility and
the county governor.
Sexual exploitation of children
16. Provide information on legislation and other
measures to prevent the commercial sexual exploitation of children,
including through prostitution and other unlawful sexual activities.
Provide details on means to ensure that child victims of such
exploitation are not criminalized. Provide information on
legislation or other measures to prohibit all forms of sale or
trafficking in children, including by their parents.
In Norway sexual exploitation of children is prohibited under the
penal provisions in chapters 19 and 21 of the Penal Code. According
to the Criminal Procedure Act, judicial examination must be
conducted of children under the age of 14 so that they will not have
to appear in court and be subjected to the extra strain this
entails. In Norway it is a criminal offence to purchase or sell the
sexual services of persons under the age of 18. As regards child
pornography, see our answer to questions 1 and 17.
Pornography and harmful information
17. Provide information on legislation and other measures to
prohibit the production, possession and dissemination of child
pornography. In particular, please provide information on any
controls on pornography produced and/or disseminated via the
internet.
The National Criminal Investigation Service (NCIS) has
established its own intelligence unit for sexual assault. The unit
investigates child pornography on the Internet and works closely
with the Norwegian Computer Crime Centre on developing methods for
effectively combating this type of activity on the Internet. NCIS
has also co-operated with an Internet provider (the Norwegian
telecommunications company Telenor) on developing a filter designed
to prevent access to sites containing pictures depicting sexual
abuse of children. Reference is also made to Norway’s third report
to the Committee on the Rights of the Child (CRC/C/139/Add.1) para
238-240 and 575-576.
18. Provide information on any legislation or guidelines to
protect children from injurious information and material transmitted
through the media, Internet, videos, electronic games, etc.
Reference is made to Norway’s third report to the
Committee on the Rights of the Child (CRC/C/139/Add.1) para
578-580.
Reporting obligations relating to violence
against children
19. Provide information on legislation, regulations
or administrative directives requiring reporting of all forms of
violence against and abuse of children in all settings to
appropriate bodies. If reporting legislation, regulations or
administrative directives exist, please indicate whether all
citizens are required to report, or whether the obligation falls on
certain professional groups only. Provide details of any sanctions
for non-reporting.
Physical and sexual violence against children is
criminalized under the Penal Code. For more details, see the answer
to question 2. As regards certain specified crimes, every citizen is
obliged to try to prevent these crimes or to give a timely
warning to the proper authorities. Among the crimes specified are
sex crimes including rape, sex with a person below the age of 14,
incest, sex with a person below the age of 18 who is under one’s
care, authority or supervision, and serious injury to the body or to
health. According to the Penal Code, section 139, any person is
liable to fines or imprisonment if they fail to try to prevent or
give a timely warning of these crimes to the proper authorities,
such as the child welfare service or the police.
According to the Act prohibiting female genital
mutilation, professionals and persons employed in child care
centres, the child welfare service, the health and social welfare
service, schools, day care facilities for schoolchildren and
religious communities who wilfully fail to seek to avert female
genital mutilation are liable to fines or imprisonment for a term
not exceeding one year. The same applies to elders or religious
leaders of a religious community. The duty to avert such an act
applies regardless of the duty of confidentiality. Failure to do so
is not punishable if the female genital mutilation is not completed
or does not constitute a punishable attempt. Also cf. the answer to
question 2.
All forms of violence against and abuse of children
have to be reported to the child welfare service. Anyone can report
a suspicion that a child is being subjected to violence to the child
welfare service. The Child Welfare Act requires that the child
welfare services review such reports as soon as possible, and no
later than one week after the report has been received. According to
section 6-4 of the Act, notwithstanding the duty of confidentiality,
the public authorities have an obligation to inform the child
welfare services if there is reason to believe that the child is
subject to severe neglect. Persons subject to professional secrecy,
such as doctors, nurses and psychologists, also have the same
obligation to provide such information.
Reference is also made to information given to
question 20 on “complaints procedures”.
20. Provide information on any complaints
procedures relating to all forms of violence against children
perpetrated in:
- the family/home
- institutions, state and private, including care,
residential, health and mental health.
As reported on question 4, the Norwegian provisions
concerning violence against children are not specifically directed
at or limited to violence against children that happens at home, at
school, etc. The general penal provisions relating to violence
against children cover all such incidents. Similarly, there are no
special complaint procedures that vary according to where the
incident took place.
Anyone can report suspected abuse or violence to the police. The
police can also initiate an investigation on the basis of other
types of information or suspicion of criminal activity.
In principle all criminal acts are subject to public prosecution.
This means that the public prosecutes crimes independently of any
action from the victim. For some offences, an application for a
procecution from the victim is necessary. In these cases, public
prosecution cannot take place unless the victim does this.
For violence regulated by section 228 of the Penal Code, an
application for a prosecution is usually necessary prior to
public prosecution of less serious incidents. If the crime is
committed against the offender’s children, it is automatically
subject to public prosecution. This is a strengthening of the
measures to protect children from violence. Such violence is viewed
as a serious crime.
Child welfare procedures
Reference is made to Norway’s initial report to the
United Nations Committee on the Rights of the Child, 1993,
paragraph 219-227).
Complaints procedures relating to all forms of
violence against children perpetrated in the family/home or an
institution may be handled by the child welfare service pursuant to
the Act relating to child welfare services of 1992.
The purpose of the child welfare service is to ensure
that children and young people who live in conditions that may be
detrimental to their health and development receive necessary
assistance and care at the right time, and to help ensure that they
are brought up in a secure environment, cf. section 1-1.
Information to the child welfare
system
Anyone can report a suspicion that a child is being
subjected to violence to the child welfare service.
According to section 6-4 of the Act, “Notwithstanding
the duty of secrecy, public authorities shall on their own
initiative disclose information to the municipal child welfare
service when there is reason to believe that a child is being
mistreated at home or is subjected to other serious deficit of
parental care”. Cf question 19.
The child welfare system and the duty of
secrecy
The child welfare service may, in cases where a child
is being subjected to violence at home, contact the police,
notwithstanding the duty of secrecy, cf. section 6-7: “Information
may only be disclosed to other public administrative agencies, cf.
section 13 b, subsections 5 and 6 of the Public Administration Act,
when necessary to facilitate the functions of the child welfare
service or the institutions, or to prevent material danger to life
or serious harm to a person’s health.”
The duty and the right to make
investigations
Section 4-3 of the Act regulates the right and the
duty of the child welfare service to make investigations in the
following cases:
“If there is reasonable cause to assume that
circumstances obtain which may provide a basis for measures pursuant
to this chapter, the child welfare service shall investigate the
matter at the earliest opportunity; cf. time limits set out in
section 6-9.
The investigation shall be carried out in such a way
as to minimize the harm it causes to anyone affected, and it shall
not have a wider scope than justified by its purpose. Importance
shall be attached to preventing the unnecessary spreading of
information about the investigation.
The parents or the person with whom the child is
living may not oppose an investigation as mentioned in the first
paragraph being carried out in the form of a visit paid to the home.
The child welfare service, and experts whom it has
appointed, may demand to interview the child alone in a separate
room. If there is suspicion that the child is being mistreated or
subjected to other serious abuse at home, cf. section 4-12, first
paragraph, litra c, the child welfare service may order that the
child shall be taken to hospital or elsewhere for
examination.”
Care orders
Section 4-12 of the Act specifies when a care order
may be made:
“a) if there are serious deficiencies in the daily care received
by the child, or serious deficiencies in terms of the personal
contact and security needed by a child of his or her age and
development,
b) if the parents fail to ensure that a child who is ill,
disabled or in special need of assistance receives the treatment and
training required,
c) if the child is mistreated or subjected to other serious
abuses at home, or
d) if there is every probability that the child's health or
development may be seriously harmed because the parents are
incapable of taking adequate responsibility for the child.
An order may only be made pursuant to the first paragraph when
required by the child's current situation. Hence such an order may
not be made if satisfactory conditions can be created for the child
by assistance measures pursuant to section 4-4 or by measures
pursuant to section 4-10 or section 4-11.
An order pursuant to the first paragraph shall be made by the
county social welfare board pursuant to the rules of chapter 7.”
The care order must be implemented as soon as
possible, cf. section 4-13. If the order is not implemented within
six weeks of the date the order was made, it ceases to apply. The
chairperson of the county social welfare board may extend the time
if there are special reasons that require this. When an order is
made, the child is placed in a foster home or in an institution or
in a training or treatment institution when this is necessary
because the child is disabled, cf. section 4-14.
Institutions
If a child is subjected to violence in one of the
institutions regulated by the Child Welfare Act, chapter 5 becomes
applicable. Section 5-9 regulates the rights of a child while he or
she is in an institution. It is not permitted to punish a child
physically or to lock the child in a room on his or her own or
employ similar coercive measures unless authorized by regulations
issued by the Ministry of Children and Family Affairs. The county
governor oversees that institutions are run in accordance with the
Child Welfare Act. If the county governor considers that the
institution is not being properly run, he or she may order that the
conditions be rectified or that the institution be closed down, cf.
section 5-7.
21. Indicate whether children or persons acting on
their behalf can access these procedures. Indicate whether legal aid
is available to facilitate submission of complaints, and the
circumstances in which legal aid will be available.
Victims cannot access court sessions or other meetings during a
police investigation. Nor are victims of violence considered to be
parties in the criminal proceedings against the perpetrator. The
victim is viewed primarily as a witness, and they or their
representatives or counsel may access the court hearings on the same
conditions as other witnesses. Victims have no right of access to
closed proceedings.
Victims do, on the other hand, have a way of achieving further
rights to access and participation in criminal proceedings against
the perpetrator. If they pursue a claim for damages against the
perpetrator jointly with the criminal prosecution, they then have
the same rights as a plaintiff has in normal civil lawsuits. This
means that the victim will have the right to be present throughout
the proceedings, to ask questions, call witnesses and present
evidence as long as this is related to the claim.
In some cases concerning sexual abuse of minors, victims have a
right to free legal aid. The lawyer will assist the victim during
the investigation and main hearing.
In other cases, free legal aid is subject to a means test
pursuant to the Act of 13 June 1980 No 35 relating to free legal
aid.
22. Describe steps which have been taken to
raise awareness of possibilities to submit complaints about violence
against children.
Reference is made to Norway’s third report to
the United Nations Committee on the Rights of the Child, 2003,
para 62-65.
23. Provide information on any special
procedural or evidentiary rules which may apply in proceedings with
respect to violence against children.
Section 239 of the Criminal Procedure Act sets out specific rules
for when children under the age of 14 are to be examined in
connection with a criminal case. There are also regulations
concerning the proper procedures.
Children under the age of 14 are examined in a separate interview
and not at the court hearing if this is considered to be in the
interest of the child or for other reasons. A judge is responsible
for the examination, but he/she may decide that the child should be
examined by an appointed expert. In most cases, a specially trained
police officer conducts the examination. The examination is
supervised by a judge, and both the defence lawyer and the counsel
for the prosecution may be present. They may also pose questions to
the child via the police officer. In general, these rules apply to
children between the ages of 6 and 14.
A judge may decide that because of the witness's age or other
special circumstances, the witness is to be placed under observation
instead of or prior to an examination by a police officer. In
practice, children under the age of 6 are placed under observation.
Observations are conducted by experts in child psychiatry or
psychology. In general, the judge, the defence lawyer and the
counsel for the prosecution are not present during the
observation.
Both examinations and observations are recorded on video, which
is shown at the court hearing.
Section 239 of the Criminal Procedure Act reads as follows:
“In the case of an examination of a witness who is under 14 years
of age or a witness who is mentally retarded or similarly
handicapped in cases of sexual felonies or misdemeanours, the judge
shall take the statement separately from a sitting of the court when
he finds this desirable in the interests of the witness or for other
reasons. The judge shall in such cases as a general rule summon a
well-qualified person to assist with the examination or to carry out
the examination subject to the judge's control. When it is possible
and due consideration for the witness or the purpose of the
statement does not otherwise indicate, the examination shall be
recorded on a video cassette and if necessary on a separate
tape-recorder. On the same conditions the defence counsel of the
person charged shall as a general rule be given an opportunity to
attend the examination.
The same procedure may also be used in cases concerning other
criminal matters when the interests of the witness so indicate.
When the witness's age or special circumstances so indicate, the
judge may decide that instead of or prior to an examination pursuant
to the first paragraph the witness shall be placed under
observation. The provisions of sections 152, 153 and 159 shall apply
correspondingly to such an observation. The third sentence of the
first paragraph of this section shall apply correspondingly.
Examination pursuant to the first paragraph and observation
pursuant to the third paragraph of this section shall be undertaken
no later than two weeks after the criminal offence has been reported
to the police, unless special circumstances indicate that the
examination and/or observation should be undertaken later.
The King may prescribe further regulations relating to the
procedure for examinations conducted separately from a court sitting
and for observations.”
24. Provide information on the usual outcome of
complaints of violence against children (e.g. compensation,
punishment of perpetrators, perpetrator rehabilitation, family
therapy).
No comprehensive survey has been made of the usual outcome of all
types of complaints of violence against children. Statistics Norway
compiles and publishes annual statistics on penalties for specific
areas of criminal law. Their data provide some indicators regarding
the usual outcome of some reported offences, for example sexual
abuse of children, but for other penal provisions the figures do not
differentiate between children and adult victims of violence and are
therefore of little use here.
Norway has a public compensation scheme to assist victims who
have suffered injury and loss as a result of violent crimes. During
the first half of 2004 the Norwegian Criminal Injuries Compensation
Authority granted compensation in 48 out of 56 applications made on
behalf of children below 16 years.
Perpetrator rehabilitation: There are currently a number of
public and private bodies which provide help and treatment for men
who commit domestic violence. Help is available from the family
counselling service, the mental health care service, the probation
service and private organizations. However, these services have an
uneven geographical distribution, are funded in different ways
(public, semi-public, private sectors) and have not been adequately
evaluated. There is a lack of measures and strategies for dealing
with perpetrators at an early stage.
Through the plan of action to combat domestic violence that was
launched in June 2004, the Government is promoting the systematic
development of support and treatment services for abusers and
perpetrators of violence. Its objective is to prevent the use of
violence and ensure that help is available as close as possible to
home or work. The Government wishes to increase the scope and
quality of the treatment available to perpetrators of violence and
abuse.
25. Provide information on the usual outcome of
legal proceedings in which children and juveniles are found guilty
of perpetrating violence (e.g. imprisonment, corporal punishment,
community service, perpetrator rehabilitation, family
therapy).
The general provisions of the Penal Code and the Criminal
Procedure Act apply to offenders of sound mind above the age of 15,
and basically the entire system of reactions can be applied. There
are, however, certain special rules for juveniles between 15 and 18
years and more extensive use of alternative reactions. A number of
such measures are being further developed, such as
- The use of arbitration and youth contracts in return for a
suspended sentence or a waiver of prosecution for the 15-18 age
group is being extended.
- Community service sentences as an alternative to prison are to
be adapted to the individual situation to a greater extent than at
present.
A number of legislative amendments that were adopted and
implemented in 2003 have provided the judicial authorities with new
instruments for their work with young offenders. For example, the
police may carry out a special interview with children up to the age
of 18 and their parents. Moreover, the prosecuting authority may
prohibit a child under the age of 15 from being in places where
there is a significant risk of the child being drawn into committing
a criminal offence. Work is in progress on the best way of applying
these legislative amendments.
Two pilot projects on administrative co-operation are in the
initial phases. Six subsidiary projects with different approaches
will be carried out for developing binding allocation of
responsibility, targeted co-operation between administrative units
and continuity in the follow-up of young offenders before and after
imprisonment or sentence. Responsibility for young offenders must be
clearly allocated in each individual case.
Experience gained from the pilot projects will be incorporated
into work on a new, follow-up plan of action, which will be launched
in 2005.
II. INSTITUTIONAL FRAMEWORK AND RESOURCES TO
ADDRESS VIOLENCE AGAINST CHILDREN
26. Are there any Governmental authorities,
structures and mechanisms, including at federal, state/provincial,
municipal and local level which are currently responsible for
addressing violence against children?
Reference is made to the answer to question 20 above,
and to Norway’s initial report to the United Nations Committee on
the Rights of the Child, 1993, para 258-267.
27. Is there a lead Government authority tasked
with the responsibility for addressing violence against
children?
The Ministry of Justice and the Police co-ordinates
national policies against violence. The Ministry of Children and
Family Affairs co-ordinates national policies for children and young
people. In simple terms, policies for combating violence against
children are developed through dialogue between these two
ministries, other ministries and subordinate government
agencies.
28. Are specific financial and/or human resources
allocated by your country to address violence generally? If
YES, indicate the extent of these allocations.
The responsibility for co-ordinating the Government’s efforts to
combat domestic violence lies with the Ministry of Justice and the
Police. However, there are a number of issues involved which cannot
be solved by the use of criminal policy instruments alone. An
effective fight against violence requires close co-operation with
other central government authorities with responsibility for health,
social welfare and gender equality issues. To meet the need for
co-ordination at central government level, an inter-ministerial
working group has been set up, consisting of representatives of the
Ministries of Health and Care Services, Labour and Social Affairs,
Children and Family Affairs, and Justice and the Police. As well as
ensuring the implementation of the present action plan, the group
will draw up proposals for future efforts to combat domestic
violence.
A national resource centre on violence and traumatic stress
(Nasjonalt kunnskapssenter om vold og traumatisk stress – NKVTS) was
established on 1 January 2004. The purpose of this centre is to
strengthen research, education and guidance for the public services
in the field of violence and trauma. The centre has a separate
section that deals with violence, family violence and sexual abuse.
The centre will play a central role in the Government’s endeavours
to improve the level of knowledge about domestic violence with
regard to children, women and perpetrators. However, in its current
form the centre is not sufficiently close to the support services.
The Government also considers it necessary to establish strong
regional resource centres to promote the development of expertise
and services for dealing with violence at local and regional
level.
The great majority of the services that are relevant for victims
of violence are provided at the municipal level. There are
also some private/voluntary services, such as shelters for battered
women and certain treatment programmes for perpetrators of violence.
There are a number of national strategies and action plans for
addressing violence, especially violence against children. Examples
are:
- National plan of action to combat domestic violence
- National action plan to address violence against women (and in
the home)
- National action plan to address violence and sexual abuse of
children (forthcoming)
- National action programme to prevent female genital mutilation
- National action programme to prevent forced marriage
- National programme to prevent harassment in schools
There are also national strategies and plans for promoting
children’s health, particularly their psychological health.
29. Does your country allocate specific financial
and/or human resources to activities to address violence against
children?
Financial resources are allocated to the national
action plans, national programmes, training and competence-building,
research, information campaigns, and national and local projects,
and also to NGOs working against violence.
The Ministry of Children and Family Affairs is
financing a national programme called “Children living with domestic
violence” (2004-2006). It includes therapy for children who have
experienced domestic violence, either by witnessing violence or by
being physically abused themselves. The programme also includes
measures to promote scientific research and dissemination of
knowledge to the relevant parts of the welfare system.
30. Do international or bilateral donors provide
resources to your country for activities to address violence against
children? If YES, indicate the extent of these resources and the way
in which they are used.
Norway does not receive resources from such donors.
31. Does your country provide any assistance to other countries
efforts to respond to the problem of violence against children?
Protection of children in general is an overriding
priority in Norway’s foreign and international development policy.
Approximately 18 per cent of Norwegian bilateral development
assistance has children as its main target group. Norway also
contributes to multilateral programmes targeted at children,
including through UNICEF.
On the specific issue of violence against children,
the following activities are of particular relevance:
- Earmarked support to UNICEF’s programme for the protection of
children against, for example, abuse and violence.
- Support to the UN SRSG on Children in Armed Conflict,
international NGOs and several initiatives aimed at reducing the
use of child soldiers.
- The implementation of government action plans against
trafficking in women and children, and female gender mutilation.
- Support for the rehabilitation of children in post-conflict
situations.
32. If your country has a national human rights institution, such
as a human rights commission or ombudsman, or a child specific human
rights institution, does it have any role or competence in the area
of violence against children, including receiving complaints?
Norway established an Ombudsman for Children in 1981.
The duties of the Ombudsman are to promote the interests of children
vis-à-vis public and private authorities and to monitor the
conditions under which children grow up. In particular, the
Ombudsman shall monitor law, policy and practice, promote the full
implementation of the Convention on the Rights of the Child, provide
a channel for children’s views, respond to individual problems and
complaints by children and facilitate their access to advocacy and
complaints systems, including those in institutions, schools and
courts.
33. Are there any particular parliamentary
structures (for example special committees) to address violence
against children?
The following parliamentary committees address
violence against children: the Standing Committee on Justice, which
is responsible for the Penal Code, and the Standing Committee on
Family, Cultural Affairs and Government Administration, which is
responsible for matters relating to families, children and
youth.
34. Have there been any recent parliamentary
initiatives to address violence against children? IF YES, provide
details and describe any gender-specific provisions included in the
policy
The expression “parliamentary initiative” is
interpreted as meaning an official initiative decided on by the
parliament.
Norway’s second (paragraph 294) and third (paragraph
564) reports to the UN on the Rights of the Child describe its
legislation concerning the requirement of police certificates for
applicants for positions in day-care institutions, primary and lower
secondary schools and the child welfare service. In June 2004, the
parliament requested the Government to examine and evaluate the use
of police certificates in schools, and during this process to pay
attention to research results on child sexual abuse. The parliament
also requested that the assessment of the use of police certificates
in the future should take account of the use of police certificates
in sectors other than education.
In response to an initiative by the parliament (in
2003) the Government is developing a comprehensive plan to combat
sexual and physical abuse against children. The plan will include
measures to prevent and uncover physical and sexual abuse against
children, assistance and treatment measures, research and measures
to improve expertise. The Government has also launched an action
plan to combat violence in close relationships (2004) and an action
plan to combat trafficking in women and children (2003).
III. ROLE OF CIVIL SOCIETY IN ADDRESSING VIOLENCE
AGAINST CHILDREN
35. Describe significant civil society initiatives
addressing violence against children in your country, including the
types of institutions involved (such as academic institutions,
professional associations, women’s associations, student
associations, community-based groups, faith-based groups, child and
youth-led groups, trade unions, employer’s organizations,
non-governmental organizations, international non-governmental
organizations) and the major activities engaged in (including
advocacy, awareness raising, research, prevention, rehabilitation
and treatment of children harmed by violence, provision of services,
provision of resources).
- In January 2004 the Norwegian Centre on Violence and Traumatic
Stress was established. The focus of the centre is on research and
development, education, competence-building, supervision and
information for all services in this field. Children and young
people are a priority group. Reference is also made to our answer
to question 28.
- The Norwegian Directorate for Children, Youth and Family
Affairs (Bufdir) was established in July 2004. The Directorate,
together with its five regional offices and the 26 professional
teams, is the government agency for the welfare and protection of
children and families. Its main objective is to provide
appropriate, high-quality services for children, young people and
families in need of assistance and support regardless of where
they live.
- Alternativ til vold (“alternative to violence”), ATV, is a
research and treatment centre that offers professional treatment
to violent offenders and people who have witnessed or been exposed
to violence in close relationships. Denmark and Finland also have
centres under this name. ATV’s treatment centre for male
batterers, the first in Europe, was established in 1987. ATV is an
NGO with funding from the Norwegian Government and local
authorities. Special programmes for children witnessing violence
have been implemented since 1999. ATV has three main objectives:
treatment, education and research, mainly in the fields
of family violence and gender equality. The web address is:
www.alternativtilvold.no.
- The Norwegian Red Cross has run a contact line for children
and adolescents for more than 15 years. The aim is to combat
isolation among children and youth and provide help for those in
need. The contact line can also be reached via SMS and
Internet.
- There are 18 support centres against incest in Norway. These
centres are private self-help organizations financed by grants
from the state and the municipality in which they are located. The
organizations are both run and led by women who have experienced
sexual abuse and the mothers of child victims. The centres are a
supplement to the public services, not a part of them.
- Shelters for battered women and their children provide a safe
refuge for women who have experienced physical and/or
psychological abuse. Women seeking help may themselves decide
whether they want to stay for a night or two, or over a longer
period. They may also choose to just visit and speak to a shelter
worker for a few hours, or only seek counselling over the
telephone. Shelters work on the principle of helping people to
help themselves. The shelters provide a safe refuge, support and
counselling, help with the social services, doctors, lawyers,
housing authorities and other services, and a meeting ground where
battered women can meet others in a similar situation.
36. Describe the support provided by your
Government for these activities and the efforts made to coordinate
civil society and government initiatives.
The organizations mentioned in our answer to question
35 all receive regular funding from the public authorities.
37. Describe the role played by the media in
addressing violence against children.
The media, often regional and national newspapers,
quite frequently write about domestic violence. For example, in
August 2003 one of the largest national newspapers wrote several
articles about the scope of violence against children and women and
the consequences this has.
A three-year research project called “Presentation of
family violence in the media” is to be completed at the end of
2004.
IV. CHILDREN AS ACTORS IN ADDRESSING
VIOLENCE
38. Provide information on the involvement and
consultation of children in designing activities, and in
implementation and monitoring of programmes and policies to address
violence against them. Provide details, including ages and other
details of the children involved.
In connection with the preparations for the UN Special
Session on Children, funding was allocated for a participatory
project which involved children and young people. The goal was to
collate experience and shed light on the situation of children in
special life situations: young people in reception centres for
asylum seekers and refuges, children with disabilities, children who
have been the victims of sexual abuse, and children in contact with
the child welfare authorities and outreach services. Approximately
100 children and young people were involved in the participatory
processes, which took place in May-June 2001. One-day or two-day
meetings were arranged with children and young people from a large
number of organizations. As a result of the project, the book
Hello – is anyone there? has been published in Norwegian and
English. The project was presented and the book distributed at a
side event at the UN Special Session on Children in May 2002.
In connection with the preparation of Norway’s third
report to the UN on the Convention on the Rights of the Child, a
project was initiated in autumn 2002, entitled Livet under 18
(Life before 18), in which children and young people were involved
in the reporting process. The aim was to raise awareness and
encourage involvement in the rights of children and young people and
to involve various groups of children and young people in reporting
to the UN Committee on the Rights of the Child.
39. Describe the involvement, if any, of children
in designing special procedural or evidentiary rules applying in
court proceedings with respect to hearings concerning violence
against children. Provide details including ages and other details
of the children involved.
Children are not involved in the development of procedural or
evidentiary rules. However, children’s organizations, such as Save
the Children, are always asked for comments on proposals for new
legislation.
40. Describe the amount and type of resources made
available to support children’s participation in activities to
address violence against children.
The Ministry of Children and Family Affairs
administers a grant scheme entitled “Urban Youth Projects”, aimed at
improving the conditions in which adolescents live and grow up in
large cities. Emphasis is placed on young peoples participation in
activities preventing undesirable social behaviour, including
violence, bullying, crime, substance abuse and racism, combating
prejudices and discrimination, and promoting mutual acceptance.
41. Does your Government have a comprehensive
policy concerning violence against children? If YES, provide details
and describe any gender-specific provisions included in the
policy
Most forms of violence against children are addressed
in Report No. 40 (2001-2002) to the Storting on child and youth
welfare. Other important policy documents in this respect are Report
No. 29 (2002-2003) to the Storting on the family, and parts of the
Government’s action plan to combat violence in close relationships
(2004-2007).
The implementation of measures to combat violence
against children is tailored to the different needs of boys and
girls, and gender-specific provisions are therefore not specified in
central policy documents. These documents do, however, take account
of the fact that according to a number of studies, there seems to be
a difference in the kind and extent of violence inflicted on girls
and boys and that the effects of the same kind of violence are often
gender-specific.
Regarding details of this policy see our answer to
question 29. Two other ongoing measures should be mentioned.
It has been debated for a long time whether children
are sufficiently protected against certain forms of abuse in the
provisions of the Children Act concerning the division of
responsibility for day-to-day care between divorced or separated
parents. A working group under the Ministry of Children and Family
Affairs has produced a report entitled “Measures to protect children
against abuse. Proposed amendments to the Children Act, etc”. The
report concludes that children’s interests are not sufficiently
safeguarded in the provisions of the Children Act concerning
day-to-day care, the child’s main place of residence, and parental
access in situations where there is a high risk of child abuse. The
report proposes amendments to several acts and a number of measures
including training courses for professionals involved in such
cases. The Ministry of Children and Family Affairs will
evaluate the proposals and make recommendations in the course of
2005.
The issue of children who are exposed to domestic
violence and the related issue of the children accompanying their
mothers to shelters for battered women have received increased
attention in the last few years. In 2005 a regional project is to be
implemented for trying out models and routines for co-operation
between shelters for battered women and child welfare and family
counselling agencies in order to build competence concerning the
treatment of children at shelters.
42 Does your Government deliver, or provide direct
support for delivery by other agencies, of specific programmes aimed
at preventing and responding to violence against children? If YES,
please provide available summary reports, or URLs, of these
programmes, and indicate, using the table below, which settings and
types of violence are addressed by these programmes:
The government is providing support for several programmes.
See answers to questions 28 and 29
Source: Statistics Norway
53. Provide the total number of convictions and
reported cases for the various categories of crimes of violence
recorded against children in 2000, 2001, 2002 and 2003.
See the answer to question 52.
VII AWARENESS, ADVOCACY AND TRAINING
54. Over the last five years has your government
conducted or commissioned any campaigns for raising awareness of and
preventing violence against children?
There has been one major campaign against harassment targeted at
Norwegian schools. The campaign included raising awareness among
Norwegian school personnel, providing material for use by teachers
and pupils and carrying out special programmes involving the parents
in the annual national school week in 2003. Printed material,
information on the internet, peer education and training in self
confidence, especially for girls, were the main methods used.
Some NGOs have carried out local campaigns and campaigns on the
Internet. See for example www.settgrenser.no
55. How were the campaign messages and information
disseminated?
Reference is made to the answer to question 54.
56. Over the last five years, has your Government
provided, commissioned or sponsored training programmes in the area
of violence against children? If YES, indicate which of the
following areas were addressed by the last such training programmes
and which provider groups received training.
Reference is made to the answer to question 54.
Attachment
Excerpts from the Norwegian General Civil Penal Code of 22 May
1902 No. 10.
29. When it is so required in the public interest, any person who
is found guilty of a criminal act may be sentenced to:
1. Loss of any public
office that the offender has by the criminal act shown himself to be
unfit for or unworthy of.
2. Loss for a specific
period not exceeding five years or forever of the right to hold
office or to carry out any activity or occupation that the offender
has by the criminal act shown himself to be unfit for or might
conceivably misuse, or for which a high degree of public confidence
is required. Any person thus deprived of the right to carry on any
activity may not conduct such activity on behalf of another person
either. He may be ordered to surrender any document or other object
that has served as evidence of the said right.
§ 192. Any person who
a) commits a sexual act by means of violence or threats, or
b) commits a sexual act with any person who is unconscious or
incapable for any other reason of resisting the act, or
c) by means of violence or threats compels any person to engage
in a sexual act with another person, or to carry out similar acts
with himself or herself,
shall be guilty of rape and liable to imprisonment for a term not
exceeding 10 years. In deciding whether the offender made use of
violence or threats or whether the aggrieved person was incapable of
resisting the act, importance shall be attached to whether the
aggrieved person was less than 14 years of age.
A penalty of imprisonment for not less than two years shall be
imposed if
a) the said act was sexual intercourse, or
b) the offender has rendered a person in such a state as is
specified in the first paragraph, item b, in order to commit a
sexual act.
Imprisonment for a term not exceeding 21 years may be imposed
if
a) the rape has been committed by two or more persons acting
together,
b) the rape has been committed in a particularly painful or
offensive manner,
c) the offender has previously been convicted and sentenced
pursuant to this provision or section 195, or
d) as a result of the act the aggrieved person dies or sustains
serious injury to body or health.
Sexually transmitted diseases and generally infectious diseases,
cf. section 1-3, subsection 3, of the Act relating to the
transmission of infectious diseases, cf. subsection 1, shall always
be deemed to be serious injury to body or health pursuant to this
section.
Any person who through gross negligence is guilty of rape
pursuant to the first paragraph is liable to imprisonment for a term
not exceeding five years. If such circumstances as are specified in
the third paragraph subsist, the penalty shall be imprisonment for a
term not exceeding eight years.
§ 193. Any person who commits or is accessory to another
person's committing a sexual act by misuse of a position, or a
relationship of dependence or trust shall be liable to imprisonment
for a term not exceeding five years.
Any
person who commits or is accessory to another person's committing a
sexual act by exploiting any person's mental illness or mental
retardation shall be liable to the same penalty.
§ 194. Any person who commits a sexual act with any person
who is an inmate of or placed in any home or institution under the
prison and probation service or the police or in an institution
under the child welfare service and who is there subject to his
authority or supervision, shall be liable to imprisonment for a term
not exceeding five years.
The
same penalty shall apply to any person who is accessory to another
person’s committing a sexual act with any person with whom he
himself has such a relationship.
§ 195. Any person who commits a sexual act with a child who
is under 14 years of age shall be liable to imprisonment for a term
not exceeding 10 years. If the said act was sexual intercourse the
penalty shall be imprisonment for not less than two years.
Imprisonment for a term not exceeding 21 years may be imposed if
a) the act is committed by two or more persons acting
together,
b) the act is committed in a particularly painful or offensive
manner,
c) the act is committed against a child under 10 years of age and
there have been repeated assaults,
d) the offender has previously been convicted and sentenced
pursuant to this provision or section 192, or
e) as a result of the act the aggrieved person dies or sustains
serious injury to body or health. Sexually transmitted diseases and
generally infectious diseases, cf. section 1-3, subsection 3, of the
Act relating to the transmission of infectious diseases, cf.
subsection 1, shall always be deemed to be serious injury to body or
health pursuant to this section.
Criminal liability shall not be excluded by any mistake made as
regards age.
A
penalty pursuant to this provision may be remitted or imposed below
the minimum prescribed in the second sentence of the first paragraph
if those who have committed the sexual act are about equal as
regards age and development.
§ 196. Any person who commits a sexual act with a child who
is under 16 years of age shall be liable to imprisonment for a term
not exceeding five years.
Imprisonment for a term not exceeding 15 years may be imposed if
a) the act is committed by two or more persons acting
together,
b) the act is committed in a particularly painful or offensive
manner,
c) the offender has previously been convicted and sentenced
pursuant to this provision or section 192 or 195, or
d) as a result of the act the aggrieved person dies or sustains
serious injury to body or health.
Sexually transmitted diseases and generally infectious diseases,
cf. section 1-3, subsection 3, of the Act relating to the
transmission of infectious diseases, cf. subsection 1, shall always
be deemed to be serious injury to body or health pursuant to this
section.
Criminal liability shall not be excluded by any mistake made as
regards age, unless there is no element of negligence in this
respect.
A
penalty pursuant to this provision may be remitted if those who have
committed the sexual act are about equal as regards age and
development.
§ 197. Any person who commits a sexual act with a blood
relation in the descending line shall be liable to imprisonment for
a term not exceeding five years. Both biological and adopted
descendants shall be regarded as blood relations in the descending
line.
§ 198. Any person who has sexual intercourse with a brother
or sister shall be liable to imprisonment for a term not exceeding
one year. No penalty shall, however, be imposed on persons under 18
years of age.
§ 199. Any person who commits a sexual act with a
foster-child, child in his care, step-child or any other person
under 18 years of age who is under his care, or subject to his
authority or supervision, shall be liable to imprisonment for a term
not exceeding five years.
Any
person who is accessory to another person’s committing a sexual act
with any person with whom he himself has such a relationship shall
be liable to the same penalty.
§ 200. Any person who commits a sexual act with any person who
has not consented thereto shall be liable to fines or to
imprisonment for a term not exceeding one year.
Any
person who commits a sexual act with a child under 16 years of age
shall be liable to imprisonment for a term not exceeding three
years. Any person who misleads a child under 16 years of age to
behave in a sexually offensive or otherwise indecent manner as
referred to in section 201 shall be liable to imprisonment for a
term not exceeding three years.
In
cases referred to in the second paragraph the offender may be
sentenced to imprisonment for a term not exceeding six years if the
act has been committed under especially aggravating circumstances.
In deciding whether especially aggravating circumstances subsist,
particular importance shall be attached to how long the relationship
has endured, whether the act is a misuse of a blood relationship,
care relationship, position, or relationship of dependence or close
trust, and whether the act has been committed in a particularly
painful or offensive manner.
Section 196, third and fourth paragraphs, shall apply
correspondingly.
§ 201. Any person who by word or deed behaves in a sexually
offensive or otherwise indecent manner
a) in a public place,
b) in the presence of or towards any person who has not consented
thereto, or
c) in the presence of or towards children under 16 years of
age,
shall be liable to fines or to imprisonment for a term not
exceeding one year.
§ 219. Any person shall be liable to imprisonment for a
term not exceeding two years who exposes any person belonging to his
household to distress by being unwilling to perform his duty to
provide support, or who by neglect, maltreatment, or similar conduct
frequently or grossly violates his duties towards his spouse or
children or any person belonging to his household or in his care who
because of illness, age, or other circumstances is incapable of
taking care of himself. If the felony results in death, or serious
injury to body or health, imprisonment for a term not exceeding six
years may be imposed.
Any
person who misleads or incites another person to commit any of the
acts referred to above shall be liable to the same penalty.
§ 220. Any person who enters into, or is accessory to
another person entering into, a marriage or registered partnership
with anyone who is under 16 years of age, shall be liable to
imprisonment for a term not exceeding four years. A mistake as to
age will exclude guilt only if there has been no negligence in this
respect. Any penalty may be remitted in the case of spouses or
registered partners who are about equal in age and development.
Any
person who causes or is accessory to causing a marriage or
registered partnership that is invalid because of the forms used to
be entered into with any person who is not aware of its invalidity
shall be liable to imprisonment for a term not exceeding four
years.
§ 228. Any person who commits violence against the person
of another or otherwise assails him bodily, or is accessory thereto,
is guilty of assault and shall be liable to fines or imprisonment
for a term not exceeding six months.
If
the assault causes injury to body or health or considerable pain,
imprisonment for a term not exceeding three years may be imposed,
but not exceeding five years if death or serious injury results.
If
an assault is retaliated with another assault, or is provoked by a
previous assault or insult, it may go unpunished.
A
public prosecution will only be instituted when requested by an
aggrieved person unless:
(a) the felony has resulted
in someone's death, or
(b) the felony is committed
against the offender's previous or present spouse or cohabitee,
or
(c) the felony is committed
against the offender's child or the child of the offender's spouse
or cohabitee, or
(d) the felony is committed
against the offender's kin in the direct line of ascent, or
(e) the prosecution is
required in the public interest.
§ 229. Any person who injures another person in body or
health or reduces any person to helplessness, unconsciousness or any
similar state, or who is accessory thereto, is guilty of occasioning
bodily harm and shall be liable to imprisonment for a term not
exceeding three years, but not exceeding six years if any
illness or inability to work lasting more than two weeks or any
incurable defect or injury is caused, and not exceeding eight years
if death or serious injury to body or health results.
§ 230. The penalties specified in sections 228 and 229 may
be increased by up to 50 per cent if the offender has previously
been convicted of any felony of a violent nature.
§ 231. Any person who causes or is accessory to causing
serious injury to the body or health of another person is guilty of
occasioning grievous bodily harm and shall be liable to imprisonment
for a term of not less than two years. If the act is premeditated,
imprisonment for a term not exceeding 21 years may be imposed if the
felony results in a person's death.
§ 232. If any felony mentioned in sections 228 to 231 is
committed with intent in a specially painful manner or by means of
poison or other substances which are highly dangerous to health, or
with a knife or other specially dangerous instrument, or under other
especially aggravating circumstances, a sentence of imprisonment
shall always be imposed, and for a felony against section 231 a term
of imprisonment not exceeding 21 years may be imposed in every case
and otherwise the penalty may be increased by up to three years. The
penalty prescribed in section 228, first paragraph, may, however,
only be increased by up to six months' imprisonment, while at the
same time fines may still be imposed. In deciding whether other
especially aggravating circumstances exist, special regard shall be
paid to whether the offence has been committed against a defenceless
person, whether there was a racial motive, whether it was
unprovoked, whether it was committed by several persons jointly, and
whether it constitutes ill treatment.
§ 233. Any person who causes another person's death, or is
accessory thereto, is guilty of homicide and shall be liable to
imprisonment for a term of not less than six years.
If
the offender has acted with premeditation or has committed the
homicide in order to facilitate or conceal another felony or to
evade the penalty for such felony, imprisonment for a term not
exceeding 21 years may be imposed. The same applies in cases of
repeated offences and also when there are especially aggravating
circumstances.
§ 233 a. Any person who conspires with another person to commit
any act referred to in section 231 or 233 shall be liable to
imprisonment for a term not exceeding 10 years.
§ 234. If a felony mentioned in section 233 is committed by
a mother against her own child during the birth or within 24 hours
thereof, she shall be liable to imprisonment for a term of from one
to eight years.
Under especially aggravating circumstances, a sentence of
imprisonment for a term not exceeding 12 years may be imposed.
An
attempt may go unpunished if the child is not seriously injured in
body or health.
§ 235. A penalty pursuant to sections 228 and 229 shall not
be imposed when the act is committed against any person who has
consented thereto.
If
any person is killed or seriously injured in body or health with his
own consent, or if any person out of compassion deprives a
hopelessly ill person of his life, or is accessory thereto, the
penalty may be reduced below the minimum otherwise provided and to a
milder form of penalty.
§ 236. Any person who aids and abets another person to
commit suicide or to inflict upon himself serious injury to body or
health shall be liable to the same penalty as for aiding and
abetting homicide or the infliction of grievous bodily harm in the
case of a person consenting thereto.
No
penalty shall be imposed when death or serious injury to body or
health does not occur.
§ 237. Any person who negligently causes such inability to
work, illness, defect or injury as is mentioned in section 229 shall
be liable to fines or imprisonment for a term not exceeding six
months.
A
public prosecution will be only instituted when requested by the
aggrieved person.
§ 238. Any person who negligently causes serious injury to
body or health, by the use of a weapon, motor vehicle, or in any
other way, shall be liable to fines or to imprisonment for a term
not exceeding three years.
§ 239. Any person who negligently causes
the death of another person, by the use of a weapon, motor vehicle,
or in any other way, shall be liable to imprisonment for a term not
exceeding three years, or under especially aggravating circumstances
for a term not exceeding six years. Under especially extenuating
circumstances fines may be imposed.
