Wrongly Convicted Database Record

 

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(2007 00016) NCCRC

 

Charge:

Rape

Sentence:

Years Imprisoned:

Year Crime:

1992

Year Convicted:

1993

Year Cleared:

2008

U.S. State or Country of Crime:

Norway

County or Region of Crime:

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"A man who was convicted of contravening section 192, first subsection, second penal alternative (rape) in 1993 petitioned for his case to be reopened, stating that key new circumstances in the case created doubt about the victim’s credibility. He referred to the fact that the victim was convicted of making false accusations about rape in England in 2005. In Norway, too, she had accused several people of rape since 1993. It had been decided not to prosecute any of these cases. The convicted person alleged that these cases showed a pattern in the victim’s behaviour, in that she wrongly lodges a formal complaint of rape against people. The alleged rapes were supposed to have taken place in connection with the use of alcohol and sexual contact with men. In the convicted person’s opinion, this was a course of action that was not unlike the acts leading up to the sexual contact which had taken place between him and the victim in 1992. After investigating the case, including by examining witnesses, the Commission found, following an overall assessment, that the conviction in England in the summer of 2005 and the charges that had been dropped in Norway created such doubt about the victim’s credibility in connection with the conviction in 1993 that the case should be retried. The Commission referred to the fact that the victim had made a striking number of accusations of rape, and at least one of them had, as stated, led to her being convicted of making false accusations. All of the other cases had been dropped, even when the offender was known. The case was reopened pursuant to section 391, no. 3 of the Criminal Procedure Act. The Court of Appeal handed down the case to the District Court and he was acquitted without trial."

Conviction Caused By:

Innocence Proved By:

The Court of Appeal acquitted the petitioner without a hearing.

Defendant Aided By:

Norwegian Criminal Case Review Commission

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"11.10.2007 (2007 00016), Norwegian Criminal Case Review Commission"

Information Location 1:

http://www.gjenopptakelse.no/index.php?id=270

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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