Sentences for sexual offences against children - an analysis from Iceland The Baltic Criminological Seminar Tallinn, Estonia April 2012 Professor Ragnheiður Bragadóttir Chairman of The Scandinavian Research Council for Criminology Faculty of Law, University of Iceland

„At night while grown-ups slept after a busy day, the monster stayed awake and had the girl stroke his penis and take it into her mouth, and when the little girl´s body began to change, the monster mounted her and had intercourse with her. When the girl cried, he said that he would tell her grandpa and grandma what an ugly and disgusting girl she was; no one would want to have her; so the girl kept quiet and thought of herself as a monster.“ Kristín Marja Baldursdóttir: Chaos on Canvas (2007), 409.

Amendments were made in 2007 to the sexual offences chapter of the Icelandic Criminal Code New provisions in the Criminal Code affecting the sentencing for sexual offences Sentencing in the judgements of the Supreme Court of Iceland from for sexual offences against children

New provisions of importance in determining punishment The concept of rape is broadened: violence, all kinds of threats, and abuse of mentally retarded, sleeping or drunk victims Punishment: imprisonment 1 – 16 years Factors increasing the severity of punishment: - the victim is a child under the age of 18 - egregious violence - particularly painful or abusive Repeated offences

Increased limitations for punishment for sexual intercourse with a child under the age of 15. The same as for rape: imprisonment 1 – 16 years Diminishing or eliminating punishment if the defendant and victim are both children Maximum punishment for sexual harassment of children increased by 2 years

Three provisions on sexual offences against children: Art. 202: General provision forbidding sexual intercourse or other sexual relations with a child under the age of 15 Art. 200: Incest = sexual intercourse or other sexual relations with own child or other descendant, or between siblings Art. 201: sexual intercourse or other sexual relations with a child under 18, who is the perpetrator´s adopted child, step-child, foster-child or the child of a cohabiting partner, or bound to him by similar family relationships in direct line of descent, or a child who has been committed to his authority for education or upbringing

Conclusions Trend toward greater severity of punishment around and after 2002 At the same time number of judgements begins increasing => The call in society for more severe punishment had effect before the amendments to the Criminal Code in 2007

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