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 data-set consists of 176 rape cases that were processed in 2011 and 2012. Excluding acquittals and controlling for the application of relevant legal provisions, we find that sentences are reduced by 30% 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%. A prior relationship between the victim and the perpetrator reduces sentencing by 18%. 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.