| Abstrakt: |
During the last 30 years, there has been much debate in Iceland on sexual of-fences and the sanctions imposed for these offences - which have been criticised for excessive leniency. But is this criticism justified? Has it had any influence? An attempt to respond to these questions would require a survey providing a com-prehensive picture of the penalties imposed and the factors determining these pe-nalties. The provisions on sexual offences in the Icelandic Penal Code (Act 19/1940) have undergone two major amendments: Act No. 40/1992 and Act No. 61/2007. Both acts amended the provisions on rape. Act No. 61/2007 also enacted various new provisions that influence the determination of sentences for sexual offences, including the severity of sentences in each instance. These new provisions include a broader definition of »rape«, a more severe punishment for sexual crimes aga-inst children, and options for elevated sentencing in aggravated cases. It is no-teworthy, however, that there are also provisions for moderated sentences and clemency in cases where the perpetrator and victim are of a similar age. The article discusses the trends in sentences for rape imposed by the Supreme Court of Iceland in 1976-2013. The period is divided into three shorter terms fol-lowing the amendments of the law, i.e. 1976-1991, 1992-2007 and 2008-2013. The provisions on rape and sentencing during each period are described. Follo-wing this, the sentences handed down in each period are analysed. Research re-veals that sentences for rape committed via the use of violence or threats of vio-lence become more severe after 2003. Meanwhile, sentences for rape committed via abuse of a victim's weaken psychological state, sleep or intoxication gradual-ly increased in severity from the 1990s to the present. The severity in sentencing was therefore rising long before the amendments to the law. This suggests that public sentiment had an impact before the law was changed. [ABSTRACT FROM AUTHOR] |
