On March 30, the Reykjavík District Court will hear the case of a woman charged with sexual assault for sending a photo of a man’s penis to his wife and the mother of his child, as well as to another woman, who is also the mother of the man’s child.
In the district attorney’s indictment, which is being handled by DV, the woman is said to have committed a violation of two sections of the criminal code. On the one hand, article 199 bis, which aims at protection against digital sexual violence, but the article is as follows:
“Anyone who prepares, acquires, distributes or publishes images, text or similar material, including false material, nude or sexual behavior of another person without their consent shall be liable to a fine or imprisonment for up to 4 years.
The same penalty will be imposed on the person who threatens what is described in paragraph 1, as long as the threat is likely to cause fear or anxiety in the person to whom it is directed.
If an offense is committed negligently, it is punishable by fines or imprisonment for up to 1 year.”
As seen above, the penalty for this offense is four years in prison.
However, the woman is accused of indecency towards the two women to whom she sent the photos, which falls under section 209 of the Criminal Code:
“Whoever, with an obscene act, injures people’s modesty or is a public scandal shall be imprisoned up to 4 years, but (imprisonment up to 6 months) or fined if the offense is minor”
How did the woman get the photo?
The indictment does not contain any information on how the woman got hold of the photo, i.e. whether she was in a relationship with the man and took the photo or whether the man sent him the photo. It is not known what the relationship between woman and man is.
Woman acquitted of similar offense
It should be noted that just over a month ago a woman from Suðurnesj was acquitted of a similar offense on the grounds that her actions had not been lustful. She had emailed sensitive nude photos of her husband and his interview to other parties.
