Elden Advokatfirma filed an appeal against the verdict and believed that the men should not pay compensation. This was according to TV 2 rejected by the Supreme Court and the men must pay restitution compensation of NOK 240,000 to the woman.
The two men were sentenced to pay the woman compensation because the court believed there was a high probability that the woman was gang-raped.
The reason why they were acquitted, but still have to pay compensation, is that there are different evidentiary requirements for being found guilty in a criminal case and being sentenced to pay compensation in a civil case.
The different evidentiary requirements stem from the different degrees of severity of being convicted in a criminal case and a civil case. The outcome of a criminal case can be imprisonment, which has greater consequences for the defendant than having to pay a fine in a civil case.
Victim’s assistance lawyer Kristine Aarre Hånes at RettAdvokat says that the fact that it is possible to be awarded restitution compensation even without a conviction is important for legal certainty.
– This is important in order to protect the victims’ rights and ensure that they receive legal compensation, based on a clear preponderance of probability in civil cases. The Supreme Court makes clear in its decision that this does not conflict with the presumption of innocence in criminal cases, which is crucial for legal certainty, says Aarre Hånes.
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2024-07-03 02:20:57