Having sex with 14-year-old under the influence is not rape – woman acquitted

The incident for which the woman was prosecuted for was uncovered during another criminal investigation; during the process of investigating the suspects' phones, a video emerged showing the sex act.

On the video you could see how the 29-year-old woman, and a 19-year-old man, had sex with a boy who was only 14 years old at the time.

When the boy was called in for questioning, he said that it was him in the video and he also confirmed what was seen on it.

– First we smoked marijuana and everyone was drinking and was drunk; and after that everyone had sex with each other. No one forced me or threatened to beat me, it was my choice and it was no one else's fault, he said during the police interview.

The District Court chose to acquit the woman of the rape, on the grounds that she lacked intent and did not act recklessly – it could not be ignored that the 14-year-old's physical development and behaviour gave the impression that he was significantly older than the age of 15. The 19-year-old was also acquitted of the charge.

The prosecutor then chose to appeal the District Court’s verdict to the Court of Appeal, and urged that both the 29-year-old woman and the 19-year-old be convicted of the crime.

The Court of Appeal has now determined in its judgement that both are to be acquitted of the charge of child rape. The Court considers that the 29-year-old neither had intent nor was reckless in relation to the fact that the plaintiff was under the age of 15.