Norway's high-profile sexual assault trial against Marius Borg Høiby has begun with the defense claiming his innocence. In a dramatic opening, Høiby's lawyers argued none of the four women involved ever wanted to be part of this case, setting the stage for a contentious legal battle over consent and perception.
The Core Defense Argument
Defense lawyer John Christian Elden made a forceful statement on behalf of his clients. 'None of them have asked to be in this case,' he told the court. 'They have not filed any report with the police.' Elden, who along with lawyer Heidi Reisvang represents one of the complainants and two of the women Høiby is accused of assaulting, elaborated further. 'They have also not asked to be subjected to any form of abuse, through the years that the indictment describes,' he said. Høiby has pleaded not guilty to all charges related to these women. While agreeing with the prosecution that testimony from both the complainants and the accused is vital, Elden pointed to another element. 'And why it has been kept for seven years, and what the background for that is. The accused will have to answer for that in his testimony,' he stated, seemingly referencing preserved evidence.
Contesting the Understanding of Events
The defense's strategy centers on Høiby's perception of the encounters. Defense lawyer Cecilie Andenæs framed the central question for the court. 'Could the women have resisted the act?' she asked. She argued that if they could have, the subsequent question is whether Marius Borg Høiby understood this. 'Did he intend it? Was it deliberate? If he did not understand that the victim was asleep or for other reasons was unable to resist the sexual act, then he should be acquitted.' Andenæs stated that Høiby's plea of not guilty to all four rape charges stems from his perception of every event as 'completely normal and voluntary sexual intercourse.' She told the court the defense believes several pieces of evidence will support Høiby's version of events.
A Potential Lesser Charge and Media Criticism
Andenæs presented an alternative for the judges to consider, suggesting the court could convict Høiby of grossly negligent rape instead of the more serious charges. She also directly addressed the intense public scrutiny surrounding the case. After mentioning what she called a 'tsunami of negative coverage,' Andenæs reminded the court that Høiby is innocent until proven guilty. She was careful to clarify her position regarding the complainants' accounts. 'Furthermore, I say that I do not accuse any of the victims of ‘lying about their experiences’. I would like to have said that,' she told the courtroom. Her comments extended to the investigation itself, where she criticized the 'incessant press leaks.' Andenæs claimed these leaks significantly impacted how Høiby was able to conduct himself during the police investigation.
Focus on the Complainants' Perspective
A key part of the defense's argument involves examining the complainants' timeline of realization. Andenæs asked the court to pay close attention to when the women learned they had been subjected to a violation. She also questioned what led them to 'perceive' the sexual incident as a rape. This line of argument suggests the defense will explore the possibility that the women’s understanding of the events changed after the fact, rather than during the alleged assaults themselves.
The Trial Progresses Behind Closed Doors
With all parties having completed their opening statements and comments, the court took a short break. The trial then moved into a critical and private phase. One of the alleged victims was scheduled to give testimony regarding a claimed rape at an after-party at Skaugum. To protect her privacy, the courtroom doors were closed for this session. Members of the press were permitted to follow the testimony via audio feed from a separate room, a standard procedure in Norwegian courts for sensitive sexual assault cases. This marked the beginning of the direct evidence phase, where the court will hear from complainants, witnesses, and finally the accused.
What Comes Next in the Courtroom
The path forward for the trial is now set. Following the closed testimonies from the complainants, the court will hear from other witnesses and examine physical and digital evidence. Marius Borg Høiby is expected to give his own testimony later in the proceedings, where he will answer the questions posed by his own lawyer, John Christian Elden, about the preserved evidence and his account of the nights in question. The prosecution will then have the opportunity to cross-examine him. The trial, which is scheduled for several days, will ultimately hinge on the court's evaluation of two irreconcilable narratives: one of criminal violation and one of consensual encounters tragically misunderstood. The judges must weigh the detailed testimony against the legal definitions of consent, intent, and negligence in Norwegian law.