Calls grow for review of sexual violence cases after court overturns rape conviction

The Court of Appeal (Landsréttur), Iceland’s appellate court, overturned ten sexual-offence convictions between 2018 and 2020, converting them into acquittals, according to figures provided in the justice minister’s answer at Alþingi, Iceland’s parliament. The data, first reported by Vísir, also show that in the same period, the Court of Appeal converted one earlier acquittal into a conviction in a sexual-offence case.

Vísir reports that these disclosures come amid growing criticism of a recent rape judgment by the Court of Appeal. On 15 October, the court acquitted a man of rape on the basis of the victim’s consent to rough sex. The case had previously resulted in a conviction at the district court level.

The recent acquittal has sparked public outcry and renewed debate about how cases of sexual- and gender-based violence are handled by the Icelandic legal system. Nearly four thousand people have signed a petition calling for an independent review of procedures in such cases, RÚV reports. The petition’s organiser stated that it is important for the public to trust the courts and expressed hope that the justice minister would take heed of the protest.

The debate was also echoed at Alþingi, where Arna Lára Jónsdóttir, a member of the parliamentary Social Democratic Alliance, called for an independent review in a speech. She highlighted the difference between consent to sex and consent to violence and stated, “The most dangerous place for women is their home,” as quoted in media coverage. Both quotations were originally made in Icelandic and translated by the media.

Background

The Court of Appeal (Landsréttur) is an Icelandic appellate court with jurisdiction over all district court cases. It was established under Iceland’s Courts Act of 2016 and began operations in 2018. The court is made up of fifteen justices, who are selected by a Qualifications Committee and nominated by the Minister of Justice for confirmation by the President of Iceland. Any changes in the Committee’s selection require approval from Alþingi, Iceland’s parliament, with a simple majority vote. Alþingi itself is Iceland’s unicameral national legislature, established in 930, and considered the oldest parliament in the world. The parliament building, Alþingishús, is located in Reykjavík.

TopicsAlþingiArna Lára JónsdóttirCourt of Appealgender-based violenceIcelandic justice systemSexual Offences