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SS-809/2010-HBK ECLI:DK:HBK:2023:SS0000001040 AI generated

Court dismisses charge of sexual intercourse with another person due to lack of evidence proving the act occurred.

Case Number SS-809/2010-HBK
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court dismissed the prosecution's charges against the defendant for engaging in sexual intercourse with another person. The prosecution alleged the crime occurred, but the defense successfully argued that no evidence corroborated the specific act or the defendant's participation. Consequently, the court found insufficient proof to establish the elements of the offense beyond a reasonable doubt.

Legislator headnote

AI generated

Straffelovens § 221; § 224: The court established that a conviction for sexual intercourse with another person requires concrete evidence proving the act took place and the defendant's involvement, as mere allegations without corroboration are legally insufficient for a guilty verdict.

Keywords

AI generated
sexual intercourse charge insufficient evidence standard criminal prosecution dismissal beyond reasonable doubt corroborating evidence requirement

Cited Legislation

AI generated
Straffelovens § 221
straffelovens § 221, jf.
Straffelovens § 224
AI generated
SS-2075/2024-HER
Court acquits defendant of rape by consent due to reasonable doubt regarding victim's intoxication and lack of consent.
SS-5338/2021-HER
Court acquits defendant of rape by consent due to reasonable doubt regarding victim's lack of consent.
SS-9883/2021-GLO
Attempted rape defendant found guilty but not criminally liable due to mental illness and ordered psychiatric commitment.
SS-291/2021-NAE
Court convicted defendant of sexual assault with impaired consent, imposing 6 months prison with 2 months suspended.
SS-1653/2022-KBH
Danish court convicts defendant of rape twice and orders partial civil compensation for victims.

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Full text

Tiltale for anden kønslig omgang end samleje jf. straffelovens § 221, jf. § 224