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TODAY MAGNUS MEYER Hustveit got put in jail for the repeated rape and sexual assault of his former girlfriend.
Meyer Hustveit is going to jail almost seven months after his initial sentencing and four years after his initial confession to his ex partner.
Today the Court of Criminal Appeal said suspending the entire seven year sentence was legally in error and Magnus Meyer Husveit will now spend 15 months of that sentence in jail.
One of the issues raised about this case was the minimisation of crime and harm that started with Meyer Husveit himself.
He initially reasoned that because his partner was asleep his actions of raping her – even though he appeared to understand it to be rape – were ‘victimless’.
Explaining his actions in an email
Having identified his crimes he did not go willingly to the gardai. Instead, upon being pressed repeatedly by his then ex partner, he explained his actions in an email, rationalising his needs and his sense of entitlement.
He also attempted to lay the blame on his victim as if rape was his due because he was complying with her wishes for him to use less pornography.
Meyer Husveit also demonstrated a continued sense of entitlement when he put pressure on his ex partner to allow him to continue to minimise his crimes when he added in an email – “Now I’ve written this, you can have me prosecuted. I hope you won’t”. His later cooperation with the prosecution does not wipe his slate clean.
Niamh Ní Dhomhnaill took a stand for herself and all victims of sexual violence when she took on a culture of minimisation and stood firm, demanding justice.
The wholly suspended seven-year sentence in July 2015 and the last seven months have been an additional burden on her.
In that time she delivered clear, resilient and dignified challenge to both the justice she felt she had not received and the court of public opinion who debated the rights and wrongs of the case.
No victim should have to go through that.
Often in sexual violence we look for evidence of harm in the physical bruising and wounds inflicted and we neglect to understand sexual violence as a pernicious violation of trust, autonomy and dignity.
Unduly lenient sentence
The decision to suspend a sentence or part thereof involves layers of legal considerations which balance justice with mitigation with incentives to encourage better cooperation with the justice process.
Such encouragement may include incentives for those accused to plead guilty at an early stage in order to spare the victim the ordeal of a court case.
For the public and for victims understanding the justice in suspensions does not always match the legal or practical rationale. Immediately after the sentencing, the victim and many public commentators agreed that it did not look like justice to them.
The journey through the justice system can be a trying experience for a survivor.
For this reason all possible processes, practices and supports should be put in place to ensure that there is no undue delay in a sexual violence case.
Through Niamh’s actions and words, lessons will have been learnt and many will have gained a greater understanding and empathy for survivors of sexual violence.
For many survivors like Niamh, whose violation resulted in no physical injury, they fear minimisation, disbelief or perhaps even condemnation.
We believe Niamh Ní Dhomhnaill added greatly to a culture that understands that rape and its severity is about the inner wounds as much and perhaps even more so than it is about the visible scars.
Clíona Saidléar is the policy and communications director for the Rape Crisis Network Ireland.
Madness really. Poor woman, can’t be something you’d easily bounce back from. 15 months is minuscule
@Stephen Todd,
Are you saying it’s as bad as if she was raped by a stranger at knife point.
No of course not but the key communality is the word “rape”. It is what it is and should carry a longer sentence
The whole case makes no sense.
you make even less sense eamonn
Yes it’s as bad rape is rape
I do think there are different degrees of rape ,i know im putting my head on the block by saying this but it is something i feel quite strongly about
No matter how it happened, rape is always a violation of someone’s bodily integrity whether it be at knife point or otherwise.
No consent! That should be clear Caroline. No means no but also if you don’t say yes… Well that no. I can’t understand how someone can look for pleasure from a sleeping person. So if he raped a corpse would you think ‘ah sure there’s no victim?’ Rape is rape is rape. No consent = rape. Simples.
Actually it’s worse and it’s scary you do not know this and the reason why it’s worse!
Where in my comment did I say there was no victim .I have reread it and nowhere did i say there was not a victim in this case and nowhere did I say it wasnt rape.I know what rape is Im not stupid but I still stand by my comment. The one you deliberately misunderstood.If he raped a corpse it would be rape because there was no consent just as he raped this young woman because there was no consent but to say this is on a par with all rapes and they are all the same is ridiculous.Just for the record I speak from personal experience.
A debate that gets brought into criminology courses around the country. I believe there is such a thing as implied consent but I’m not saying this existed in this case. Whether there is a prison sentence should be determined on whether the offender is a danger to society.
If I were to say to you, “How do you do, my name’s Seamus.” and then rape you, would it be different than if I just flat-out raped you without the introduction?
Sorry Seamus that comment is beyond stupid.
Can anybody please shed light or explain how or why the victim continued her relationship after multiple rapes?
I understand from a previous article that this was a pattern in their relationship that went on for months.
Did she not wake up?
Did she voluntarily get back into bed and sleep with him?
I genuinely don’t understand this…
I’m having the same difficulties with this. How did she not know he was abusing her? It makes no sense
She was drugged, suspected something had happened but didnt really know (or could possibly have inagined) what was going on.
If you were paying attention to when the case first came about it was made clear that she was taking sleep medication at the time.
Frankly I’d like to read the transcripts before passing not too much judgement on this one. This case feels a little weird.
It’s interesting though he used enough porn that she asked him to stop.
That suggest strongly either he was looking at it in an in excessive way and she is overly sensitive to it like many. Some even going as far as considering it cheating. Or he was actually using an excessive or prodigious amount of it.
In the first instance is there any possibility she was denying him sex but insisting on maintaining the relationship? His actions aren’t excused but a certainly motivated.
In the second instance he likely needs some help.
Sexuality is as innate and important to people as food. Rape is abhorrent. The feelings of sexual violation are horrific.
While at the same time, there are many areas of this blocked off by an unwillingness to understand sexual psychological motivations and mental sexual dysfunction.
Unfortunately I think groups who do saddeningly necessary work like the Rape Crisis Center are also partially responsible for stopping any further progress because they don’t seem to care much for understanding why it happens but pass sweeping judgement instead.
Lack of any option for open discussion just undermines the thing itself. There seems to be a bit of a line that if you don’t think that ALL rapists are inherently evil and that’s why they do it then you are nearly as bad as them.
If there is a more useful option than prison we should be taking it. It may go to even preventing it through deeper understanding. Anyone who disagrees with that must logically then agree that it’s better the rape is committed first and the punishment after without regard for rehabilitating the offender ensuring a greater chance they will offend further upon release, what with having been locked up without any female contact.
Having said that we’re you a rapist in Ireland you probably wouldn’t be shitting yourself over getting charged. We have to stop appointing 80 year olds to the bench.
As disgusted by what he did to her that I am, I am also surprised. There was no evidence except his email, which he continued to plead guilty to in court. Also there is no extradition relationship between Norway and Ireland so he could simply have stayed there and continued a non custodial sentence.
Perhaps he is regretful and seeks redemption…. Or something…
Or perhaps he’s just a weirdo who doesn’t think much about sexual assault.
He must have been laughing at our “justice” system.
@Deborah Behan,
This case was all over the RTE news. The case of the Nigerian asylum seeker who savagely raped a young woman in Waterford was never even aired.
http://www.thejournal.ie/woman-raped-waterford-2606362-Feb2016/
By the way, I don’t see any comments from your good self in that article.
@mary I’m confused… What evidence would you be looking for??
are you implying this was a gentle rape eamonn?
@Aislinn – I’m not questioning his guilt or anything. I’m just pointing out that his admission in writing got him convicted, otherwise his victim knew nothing about it. And he came to Dublin today when he could have dodged it. So I’m just wondering if he’s sorry. I hope he is. I hope he decided it was the right thing to do to come back to be sentenced.
To be fair I doubt there would be many who would come back to Ireland knowing they are going to face a prison sentence when they didn’t have to . I think he is genuinely sorry .
@Matty Reese,
It was a very grey area.
grey area???
Am I to understand that means you have no objections to anybody sticking their penis into you while you’re sleeping.
@Matty Reese,
Are you saying all rapes are exactly the same?
I’m saying all rapes are rapes.
He was charged with raping her, he admitted to raping her, he has now being jailed for raping her. Why do you think it is ok to rape people who are asleep? If I murdered somebody in their sleep would that make it less of a murder? Why are you defending him, at least he accepts his guilt.
‘We believe Niamh Ní Dhomhnaill added greatly to a culture that understands that rape and its severity is about the inner wounds as much and perhaps even more so than it is about the visible scars.’
I don’t know.
I think the public were let more confused than anything by this very unusual case.
I am very uneasy about this.
There is a strong whiff of someone trying to appease feminists by portraying someone who is not a real threat to society into a monster and destroying his life.
@EmmaQ@gmail.com,
It was a bit of a feminist show trial.
he admitted to rape and was found guilty of rape, what is so show trail about that. Are you somehow claiming that he did not rape the girl but was coerced into admitting that he did.
He admitted to raping a woman he was supposed to care about. That’s a monstrous thing to do.
Emma, he raped her!!!!
This case is not so black and white.
50 years from now, people may look back on this case as another low point in the Irish judicial system.
If he’d robbed several thousand euros from her, but she was never aware of the robbery, does it make her less robbed?
Why, Emma? He confessed to a crime. What’s your issue?
Do dangerous rapists even confess to Rape?
This woman invited him into her bed.
Being blunt about it, to me it seems they had a lovers tiff, she then plotted to get him to admit to having sex with her over a private email exchange. (However we know nothing of their usual sexual habits)
She then used that private email exchange to destroy this mans life.
She then plastered herself all over the media, (very few rape victims would ever do that!)
She got her 15 minutes and became a poster girl for the feminist movement and won the praise and sympathy of the media for being “So brave”
Meanwhile real predator rapists are able to get off scot free if they have enough money or twist the law with the usual crappy story of a troubled upbringing etc.
So that’s why I am un easy about this one.
Emma, she was asleep on medication when he raped her. At no point did she consent to his actions.
@Matty Reese,
It is not in the same league as a woman being violently raped by a stranger.
In some ways it’s worse Eamon. Someone you thought you trusted violating you when you’re in a compromised state? How would you trust anyone again?
I don’t know. Do those who confess deserve to be acquitted because of that confession? We don’t know of their relationship. We do, however know, that while she was under the influence of very heavy meds, he raped her. To my mind, rape is rape, non consensual sex, violation. That’s not feminism (although why feminism is being bandied about is perplexing), it’s bringing a rapist to justice. Why would anyone try and blame the victim here?
As to destroying a man’s life, I think the moment he crossed the line into rape, he pretty much did that all by himself.
all rape is violence eamonn or do you have fantasise about being “gently” raped in your sleep?
@Matty Reese,
The whole case is a mess and doesn’t make any sense.
What part of he raped her and he pleaded guilty to raping her makes no sense to you?
All right Matty, just to please you “it was the worst, most violent brutal traumatic rape that ever occurred anywhere”
There , are you happy now?
I would say all rapes are violent and traumatic, I would also say its not a competition.
Sure natty boys will be boy’s, whats the point of a willy if you can’t stick it anywhere any time? #feministoppression :(
The Journal seem like their trying to incite a witch hunt with that photo.
Does he really deserve special treatment and protection?
Does he deserve to be hunted down and beaten by a mob?
No he doesn’t, but media doesn’t make exceptions in countless other cases so why is this one a witch hunt?
It doesn’t? 3-4 articles down… Man rapes girl with screwdriver… uses stock photo of courts. (Not 100% the same) but could the photo not be removed? Is it of benefit to anyone in Ireland? What’s the purpose of it?
No, he just deserves to be in jail, which he now is.
@Seán O’Ceallaghan,
Not 100% the same, you betcha. I’m only guessing, but somehow I’d say the screwdriver case was just a little bit worse.
In the screwdriver case the rapist is not named to protect the victim’s (his sister’s) identity. That restriction on reporting on that case is placed there by the courts. There is no such restriction on this case.
You know what Fr Brendan Smith looked like Sean? I assume you don’t have a problem knowing what he looks like or the fact that his image was published on TV and in the papers when he was convicted.
It’s of benefit to any woman he might meet in the future. Any potential victims. It is of no benefit to hide the face of rapists for their protection. Because it doesn’t protect any woman who comes into contact with them. The only time a rapist’s face should be kept out of media is by request of a victim who may fear it inadvertently exposes their identity.
@Ron North,
Are you really saying that he’s as bad as Fr Brendan Smyth?
Are those words in the comment I made Eamon? If they are the answer is yes. If they’re not the answer is no.
Now be a good boy and read it again….
…There, that wasn’t difficult now was it? All it took was just a little bit of basic reading comprehension, nothing that an average nine year old couldn’t master.
which one would you prefer to be raped by eamonn?
@Ron North,
You never made any comments about Rotherham or the mass rapes in Cologne when they were featured in the Journal.
You ignored these barbaric rapes, yet you are getting yourself into a frenzy over this very controversial borderline case.
I think I understand your logic now eamonn, he was white and presumably not a muslim, therefore by your twisted logic that makes it a lesser rape. The poor girl should be thankful it wasn’t some durty brown or black furriner
Yeah Matty, only white people commit rape.
She really should be, raped being one of her own, you would say it was a good rape. non white: bad rape. racist logic 101, when was women’s rights their focus of agenda? now we know its when it suits the agenda.
@Eamon
I know this is going to come as a shock to you but unlike you I don’t sit on my ass waiting for a chance to comment on the journal all day every day. Perhaps if those other rapes had occurred when I was off for two weeks as I am now, and they had been published on one of the rare days that I happened to be bored and came to this site, and I had been in the humor of commenting on them, then I may have put a comment on them.
But that didn’t happen because I had more to be doing with my life on those days than reading or commenting on The Journal.
You must have been delighted with those rapes though, not only were the victims of the rapes women, who you clearly don’t like, but the perpetrators were brown skinned and Muslim, who you also clearly don’t like.
Bit of a win win for you there Eamon, you must have been ecstatic.
Was she drugged??
From what I understand, she was taking prescribed medication, which I presume would have sedated her enough for this to happen?
I’ve said it before on TheJournal, and I’ll say it again. Mr Justice Patrick McCarthy should be shot
Rape or sexual assult should always be proscuted but something very very strange in this case
0 0 Killian O’Hara
1 minute ago
Frankly I’d like to read the transcripts before passing not too much judgement on this one. This case feels a little weird.
It’s interesting though he used enough porn that she asked him to stop.
That suggest strongly either he was looking at it in an in excessive way and she is overly sensitive to it like many. Some even going as far as considering it cheating. Or he was actually using an excessive or prodigious amount of it.
In the first instance is there any possibility she was denying him sex but insisting on maintaining the relationship? His actions aren’t excused but a certainly motivated.
In the second instance he likely needs some help.
Sexuality is as innate and important to people as food. Rape is abhorrent. The feelings of sexual violation are horrific.
While at the same time, there are many areas of this blocked off by an unwillingness to understand sexual psychological motivations and mental sexual dysfunction.
Unfortunately I think groups who do saddeningly necessary work like the Rape Crisis Center are also partially responsible for stopping any further progress because they don’t seem to care much for understanding why it happens but pass sweeping judgement instead.
Lack of any option for open discussion just undermines the thing itself. There seems to be a bit of a line that if you don’t think that ALL rapists are inherently evil and that’s why they do it then you are nearly as bad as them.
If there is a more useful option than prison we should be taking it. It may go to even preventing it through deeper understanding. Anyone who disagrees with that must logically then agree that it’s better the rape is committed first and the punishment after without regard for rehabilitating the offender ensuring a greater chance they will offend further upon release, what with having been locked up without any female contact.
Having said that we’re you a rapist in Ireland you probably wouldn’t be shitting yourself over getting charged. We have to stop appointing 80 year olds to the bench.
so he’s the victim am I right? of technology……..WTAAF!
@Klliian
have your say