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Rule of rose rape3/14/2023 It does however raise concerns in the minds of those who see the UN as cherrypicking which conflicts to address while sidestepping others until it is too late. Given the psychological toll and devastating effect of rape and the growing number of conflicts, this effort does not speak well to the UN’s commitment to problems that destabilise international peace. Yet the international community, and by extension the United Nations (UN), have shown a remarkable reluctance to address rape and other forms of gender violence perpetrated during militarised conflicts. Mr Justice George Birmingham, who sat with Mr Justice Alan Mahon and Mr Justice John Edwards, said the court would reserve judgment.World War II genocide in Germany, the Rwanda genocide in the early 1990s and the Darfur genocide today are visceral reminders of the devastation and senselessness in the breakdown of human order, a poignant but sad insight into the nature of man and politics. It had to be tested, she said, and the cross-examination was not lengthy. Ms Biggs said the DPP was seeking to punish her client for seeking to cross-examine his former partner on her medical information. She said Hustveit had gone through a “battery” of tests from Norwegian psychologists. The cumulative affect of the email and all other mitigating factors - his previous good character, young age, low risk of reoffending, general assistance to the authorities and plea of guilty - put this case out of the normative range. She said the law did not mandate that suspended sentences could not be afforded for rape. ![]() ![]() The rationale for the sentencing judge saying that he had never come across such a case did not relate to the act but the way Hustveit had dealt with his culpability, Ms Biggs said. There was at its very highest the possibility of a sexual assault charge, she said. Hustveit had put his own interests aside and acknowledged that what he was doing may well lead to a prosecution when there was not a shred of evidence against him and no prospect of a charge, Ms Biggs said. She needed to understand exactly what he had done so she could get closure and move on with her life. He pressed ‘send’ on the email because she had asked him, Ms Biggs said. The judge operated on the basis that if the conviction comes from of the mouth of the accused, he could eradicate any custodial element from one of the most serious offences on the statute book, she said.Ĭounsel for Hustveit, Caroline Biggs SC, said the exceptional circumstance in this case was “the all-important email” Hustveit had sent to his former partner in which he acknowledged what he had done. Ms Gearty submitted the judge erred by not acknowledging this range of behaviour and class of conduct merited a lengthy period of custody.Ĭoupled with that was the judge’s “flawed understanding” of the law, Ms Gearty submitted. ![]() It made matters so much more distressing for her, Ms Gearty said, and brought one to question whether Hustveit was “filled with remorse” and had taken “responsibility for what he had done,” as had been submitted on his behalf. Hustveit had instructed his lawyers to cross-examine her in relation to what she said about the symptoms, Ms Gearty said, when the disclosure of medical documentation was not forthcoming. ![]() It was unusual in that it combined a sleeping victim and a relationship.Ĭounsel said the victim’s trauma was increased by Hustveit’s suggestions that she had lied about the symptoms from which she was suffering. Ms Gearty said there were multiple rapes in this case and a “shocking betrayal of trust”. In seeking a review of his sentence on grounds that it was “unduly lenient”, prosecuting counsel Mary Rose Gearty SC, cited a former Chief Justice when she said that it was not easy to imagine circumstances which would justify a non-custodial sentence for rape. Hustveit, whose former partner waived her right to anonymity so that his identity could be published, returned to his native Norway after sentencing. He was given a wholly suspended seven-year sentence by Mr Justice Patrick McCarthy on July 13th, 2015. Magnus Meyer Hustveit (25), had pleaded guilty at the Central Criminal Court to one count of rape and one count of sexual assault committed against his 28-year-old girlfriend between 20. A Norwegian man who was given a suspended sentence for raping his girlfriend multiple times while she slept must wait to hear whether he will be sent to jail following an appeal by prosecutors.
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