What is rape?

In Norway, sexual intercourse or equivalent sexual activity without consent is rape. Sexual activity covered by these rules includes vaginal intercourse, oral and anal sex, and certain other sexual acts. Unwanted kissing or touching may also be sexual assault, but it is not automatically classified as rape under the law. The specific legal provision depends on what happened.

It can be rape even when people are partners, have had sex before, are friends or know each other well. Nobody is entitled to sex with another person. Sexual contact must be voluntary every time.

Not saying no does not automatically mean someone has consented. A person may be frightened, unsure, overwhelmed or freeze completely. Under Norwegian law, sexual activity without consent can be rape even if someone was unable to protest. A person who wants sex has a responsibility to make sure the other person wants it.

Consent applies to what a person wants at the time. You can change your mind during sexual contact. If someone continues sexual activity against your will, it may be rape. Saying yes to kissing is not saying yes to intercourse.

Someone who is asleep, unconscious or so intoxicated that they are unable to resist sexual activity cannot consent. Sexual activity with a person in that situation is rape under Norwegian law. This does not mean that all sex after someone has consumed alcohol is automatically rape. The important questions include whether the person could consent and whether consent was actually given.

Some people respond to danger by freezing, becoming silent or feeling detached. This may happen involuntarily. Such a reaction is not a yes. You can get help regardless of how your body responded.

A body may respond with an erection, lubrication or orgasm even when a person does not want what is happening. Such physical reactions do not mean that someone consented.

If the other person was silent, moved away, seemed disengaged or was too intoxicated to choose freely, you should have stopped and checked whether they wanted to continue. Take responsibility for your actions, respect their need for space and seek advice from a school nurse or another professional.

You can get support even if you are unsure what to call the incident. Tell healthcare professionals or a trusted adult what you are able to say. You do not need to have a complete explanation, show a particular emotion or have decided whether to report it to the police in order to seek healthcare.

A sexual assault support centre can assess medical needs and explain the available options. If the incident was recent, contacting a service quickly matters because certain examinations and preventive measures are time-sensitive. You can also get help after a longer time has passed. Reactions vary, and responsibility lies with the person who committed the assault.