The National Court today upheld the judgment of the District Court of East Iceland that a person should be imprisoned for two years for sexual harassment and rape in addition to which he should pay the victim ISK 1.8 million in damages.
It is stated in the judgment of the National Court that on the eve of Sunday 12. November 1999 the victim and the man went to her home after being at a nightclub. They were not alone at her house, but a group of people came there and there was a party that lasted quite a long time.
Police were at the house earlier in the morning
As the morning wore on, the victim went to sleep in her room on the upper floor of her home, but there were still several guests on the lower floor, including the accused and several friends of the woman. The man and a friend of the woman, called X, had an argument and threw themselves into a quarrel between them. In the end, the accused punched X in the face with the result that he broke his jaw.
A police officer was called who arrived at the scene at a quarter past eight in the morning and X was taken to the health center for treatment. The accused along with three other guests and the woman were still in the house at that time. Police returned to the house at half past nine this morning where police took photographs indoors about the fights. Then the accused was sleeping in the living room and another man was sleeping on another sofa in the living room.
After the police left the home, the accused went up to the room to the victim. She testified in the district court that she woke up when the accused tried to lift her out of bed. She was half asleep and drunk and therefore did not rank well enough. When she crawled back to her, the accused had taken off her bra and was licking or sucking her right nipple.
The victim and the accused were not alone in the room, but the victim’s friend was asleep there but woke up to the incident. . She told the man to get out of the room and threatened to call the police.
Had locked the door for the break
After the incident, the victim went back to sleep but woke up when the man had gone to her bed. He then had a finger in her vagina and was kissing her on the neck. He also touched her breasts with his mouth. The woman told the district court that she had been half asleep and that it had taken her several hours to wake up. When she finally woke up properly, the charge was dropped and she pretended to be asleep.
After the victim had managed to get out of bed, she took the wallet of the man lying on the bedside table, but he woke up and demanded it. to get the wallet. When she told him that he would not get it until he got dressed and went out, he shouted at her and when she tried to leave the room, she found that he had locked the door.
The victim sought help from Landspítali’s Emergency Department, where she was referred for psychological evaluation and trauma care. The psychologist’s summary states that she showed symptoms of traumatic stress that are known in people who have experienced serious effects such as rape.