The legal grading of sexual citizenship: sentencing practices in Norwegian rape cases

Abstract

This article maps and discusses the legal processing of rape cases in Norwegian appellate courts. Drawing on data from a multivariate regression analysis and a qualitative frame analysis, we examine the significance of space, accuser-convict prior relationship, the social context, accuser-convict marital relationship status, and convict racial background for grading of sentences in rape cases. The dataset consists of 176 rape cases that were processed in 2011 and 2012. Excluding acquittals and controlling for the application of relevant legal provisions (i.e. §), we find that sentences are reduced by 30 percent if the rape occurs in a private space as opposed to a public space. If the rape occurs at a party or is committed by a perpetrator who is a member of a racial majority, we find that sentences are reduced by 20 percent. A prior relationship between the victim and the perpetrator 3 reduces sentencing by 18 percent. Results regarding victims of marital rape are inconclusive. The study concludes that sentencing is stratified according to the public/private divide, prior relationship, social context and race. Despite progress made on behalf of victims of domestic violence and a gradual implementation of stricter sentencing in line with legislative intentions, the legal processing of rape cases is permeated by race and gender discrimination.

The Geography of Rape: Shaming Narratives in Norwegian Rape Cases

“…Legal practice is fundamentally concerned with negotiation and assessment of narratives (Kjus 2005), which involves perspectivetaking and human capability for sympathy and compassion among judges, prosecutors, and defense lawyers alike. 9 As I note above, the quantitative study of sentencing practice in rape cases preceding this study found that lenient sentencing was practiced without reference to law in a number of cases (Bitsch and Klemetsen 2017). In line with the existing research, the overall pattern in the study of Norwegian sentencing practice confirms that racial and gender bias affects sentencing practice.…”

“…In the dataset, and as illustrated by the example in the analysis above, majority men might be found guilty because their actions were violating the law; that is, they were not justified, but courts were to some extent willing to excuse them, in particular in cases that do not match the "real rape" stereotype. As verified by the quantitative study, majority men averagely receive 20 percent lighter sentences than do minority men (Bitsch and Klemetsen 2017).…”

“…This speaks to the inherent geography of rape, where certain spaces become linked with particular rights. As the quantitative study preceding this study shows, sexual violence framed as "private" is associated with lenient sentencing practice; sentences were on average reduced 30 percent when the rape was committed in a private space as opposed to a public space (Bitsch and Klemetsen 2017). In other words, "private" sexual violence is considered much less serious by the courts.…”

“…In line with the existing research, the overall pattern in the study of Norwegian sentencing practice confirms that racial and gender bias affects sentencing practice. Rapes committed in private spaces by acquaintances, in particular when the perpetrator is from a majority group, are framed as less serious and subject to more lenient sentencing (Bitsch and Klemetsen 2017). This paper seeks to make sense of these biases through an in-depth frame analysis (Entman 1993) of two rape cases from the same dataset that was used to conduct the quantitative study.…”

“…These findings resemble the situation in Norway, where sentencing practices are stratified according to gender, space, and race (even when controlling for excessive use of violence and other aggravating circumstances). Offenses committed by majority men in private spaces toward women they know are treated more leniently than offenses committed by "dark strangers" in public spaces (Bitsch and Klemetsen 2017). According to national prevalence surveys, more than one in ten women in Norway have been raped during their lifetime, many before the age of 18 (Thoresen and Hjemdal 2014).…”