The Norwegian Government has submitted a sweeping proposal to reform the country’s sexual assault laws by introducing a “yes means yes” model of consent, marking a pivotal shift in how rape is defined and prosecuted. Justice Minister Astri Aas-Hansen presented the draft law on April 10, underscoring the administration’s ambition to make sexual activity without clear consent — verbal or through action — explicitly punishable by law.
From “no means no” to “yes means yes”
The proposed amendment to Section 291 of Norway’s Straffeloven (Penal Code) would establish that anyone who engages in sexual intercourse without the partner’s expressed consent can be sentenced to up to six years in prison. Additionally, the existing clause based on the “no means no” model will be retained and expanded, with a maximum penalty of ten years for violations involving verbal or physical indications of refusal.
“You must have consent in words or actions for sexual activity to be legal,” Aas-Hansen stated. “We hope this law will prevent assaults and promote a cultural shift in sexual norms.”
A regional trend in Nordic criminal law
Norway follows the example set by Sweden, Denmark, Iceland, and Finland, all of which have introduced consent-based legislation in recent years. Notably, Sweden’s 2018 law led to a 75% increase in rape convictions within just a few years, according to the Brottsförebyggande rådet (Brå, Sweden’s National Council for Crime Prevention), Sweden’s crime prevention agency.
Flexibility in sentencing: abolishing the minimum penalty
In a controversial move, the government also proposes eliminating the current mandatory minimum sentence of three years for rape. The intention is to give courts greater discretion to evaluate the specific circumstances of each case. Aas-Hansen emphasized that this flexibility aims to balance punishments and improve judicial fairness.
“The goal is not necessarily more convictions, but more accurate convictions,” commented Anna Molberg, parliamentary representative for Høyre (Conservative Party), who stressed the need to review the bill carefully.
Polarized reactions: legal concerns and public debate
The proposal has generated significant debate across legal and political circles. Lawyer Mette Yvonne Larsen criticized the reform as an “activist proposal,” expressing concerns about an expected surge in rape allegations and the practical difficulties of proving non-consent.
“It means that it will be punishable if someone tries anything, even within marriage or established relationships, without asking first,” Larsen argued.
Young Norwegians voiced mixed feelings about the proposal. “It’s a great concept in theory, but how do you prove it? Do we need to record everything or sign contracts?” asked Victoria Magnussen, 19.
SV and Amnesty: a vital step for justice
Supporters of the law see it as an overdue recognition of survivors’ rights. Sosialistisk Venstreparti (SV, Socialist Left Party) MP Andreas Sjalg Unneland called it “a crucial tool for protecting people’s lives,” while Patricia Kaatee of Amnesty International Norway stated: “No one should risk having their case dismissed because they froze or couldn’t say no.”
The proposal is now set to be debated in the Stortinget (Norwegian Parliament). If passed, it could not only reshape the legal landscape around sexual violence but also contribute to shifting societal norms about consent and accountability.
