Norwegian prosecutors questioned a single text message sent by Marius Borg Høiby at the precise time an alleged rape was filmed. The message, which read "Diggg," was sent at 06:43 during a December 2018 afterparty at Skaugum, a location on the estate of Norway's Crown Prince. The Oslo District Court heard that the message was sent to a friend just two minutes after the first video clip, which the prosecution alleges shows the assault, was recorded. This digital timestamp now forms a critical part of the state's case, challenging Høiby's claim that all sexual contact was consensual.
The Contested Timeline
According to the prosecution's timeline, Høiby received a message from a friend at 06:41 saying he and another woman were going to bed. At 06:43, the first video was filmed. At 06:45, Høiby sent the "Diggg" message back to his friend. One minute later, at 06:46, he filmed a second video of the woman. The woman left Skaugum in a taxi at 07:33, a detail the defense emphasized to establish the short time between the last video and her departure. "It's important to establish the departure time of 07:33 because it says something about the proximity in time between the last video of the victim and when she leaves the place," said Høiby's defense lawyer, Petar Sekulic.
Prosecution's Focus on Digital Evidence
State prosecutor Kristian Henriksbø directly linked the message to the core question of consent. "The message is relevant because there is a question in the case as to whether this is compatible with his explanation that he was in the middle of voluntary, awake sexual activity with the victim at this time," Henriksbø stated. When asked if the "Diggg" message was connected to his friends going to bed or to the videos, Henriksbø noted, "We have initially been concerned with asking Høiby himself if he remembers what he meant by the message and that he sent it when he did. He claims not to remember this." Høiby testified that it was not unusual for him to send messages or make calls during sex. He denies any criminal guilt for rape.
Allegations of Drugging and a Previous Case
Testimony on Wednesday from the woman involved included her suspicion that she was drugged prior to the alleged assault. Henriksbø pursued this line with Høiby on Thursday. "Have you drugged her or given her something that made her able to fall asleep?" Henriksbø asked. "I have never drugged anyone, as far as I am aware," Høiby replied. The prosecution also raised a previously investigated and closed case involving an allegation of sleep rape. In police interviews, Høiby stated he had an agreement with the woman in that case. "It was voluntary sex beforehand, then she said 'I'm tired, but just keep going'," Høiby explained in the interview. Henriksbø pointed out that Høiby had testified just a day earlier that he never sleeps with women who are sleeping, a contradiction that heightened tensions in the courtroom.
The Challenge of Memory and Evidence
A significant part of the third day's proceedings revolved around what Høiby claims he cannot recall. He told the court he could not remember filming the woman, stating he found the clips on his camera roll the following day. This lack of memory extends to the context of the text message he sent. The prosecution's strategy appears to be constructing a narrative solely from digital footprints—message timestamps and video metadata—to challenge the defendant's account where his own memory provides gaps. The defense, meanwhile, focuses on the woman's actions after the event, such as the taxi departure time, to suggest a different sequence of events.
Broader Implications for Legal Proceedings
This case highlights the evolving nature of evidence in sexual assault trials in Norway, where digital communications are increasingly central. The content of a single, cryptic text message is being forensically examined for its implications regarding state of mind and consent. Norwegian law requires clear proof that sexual acts occurred without consent, and prosecutors are using the timing of Høiby's casual communication to argue it is inconsistent with the serious, criminal activity they allege was happening simultaneously. The case also touches on the sensitive handling of cases involving high-profile individuals and the challenges of prosecuting allegations where the primary evidence is testimony and contemporaneous digital records rather than physical forensics.
A Case Built on Seconds
The Oslo District Court continues to hear a case that may hinge on a minute-by-minute reconstruction of a December night nearly six years ago. The text message "Diggg," sent in a span of seconds, has become a focal point for both the prosecution and defense, symbolizing the clash between personal testimony and digital evidence. As the trial continues, the court's task is to determine whether this digital breadcrumb trail leads to a criminal conviction or supports the defense of consensual activity. The outcome will be watched closely for its implications on how similar evidence is weighed in Norwegian courtrooms in the future.