Nauðgun eða kynferðisleg áreitni?*

In a Supreme Court judgement, H 31/2023, on the accused´s sexual offences against three 13- and 14-year-old girls, who were not present at the same location as he was, the accused had the girls behave sexually towards themselves and each other, film the behaviour, and send the recordings to him. He was indicted of breach of Art. 1, 194 (rape) and Art. 1, 202 (sexual intercourse and other sexual interaction against children under the age of 15) of the Penal Code. The Court of Appeal convicted the accused according to the indictment, but the Supreme Court found the articles not applicable and convicted the accused for sexual harassment, according to Art. 2, 202 of the Penal Code. This paper discusses the judgement and its arguments for its interpretation of the law.