A former Kripos investigator testified Wednesday, presenting data collected as part of an investigation into an alleged sexual assault that occurred in Lofoten, Norway, in October 2023. The case centers around Marius Borg Høiby, who is accused of rape.
Prosecutors allege Høiby sexually assaulted a woman in her 20s while she was incapacitated. The indictment states she was unable to resist the act.
Marius Borg Høiby pictured during court proceedings earlier this week. The trial is taking place in courtroom 250 at the Oslo District Court.
Illustrasjon: Ane Hem / NTB
Police have examined data from the alleged victim’s mobile phone and pulse watch, as well as devices seized from Høiby. The investigation is attempting to establish a timeline of events from the night of October 8, 2023.
The prosecution noted that the woman and Høiby engaged in consensual sexual activity earlier that night. Høiby denies the charges of rape.
Høiby is also accused of filming the woman’s lower body at 4:58 a.m. Without her knowledge or consent. He also denies this allegation.
Listen to NRK’s podcast “Krimrommet” which is following the trial against Høiby:
Pulse Data: “May Be Some Discrepancy”
The investigator presented a complex graph comparing pulse data and sleep phase information from the woman’s watch, movement data from both the woman and Høiby, and sent text messages.
“From the time of the video recording, did the pulse increase? Or have I misinterpreted this?” asked prosecutor Andreas Kruszewski.
“No, I don’t know if I can say from the video recording, but in that period, yes. Because we know that those pulse measurements are point-by-point, there may be some discrepancy in those recordings we see. But if you look at the pattern here, it is consistent with what you say,” said police witness Stig Berg Larsen.
The judge asked for more information about the accuracy of the watch in recording sleep.
Judge Jon Sverdrup Efjestad during the first day of the trial against Marius Borg Høiby
Foto: Ole Berg-Rusten / NTB
“I’ve tried to read some research on this, and what I’ve found is that it is fairly reliable when it comes to sleep and non-sleep. But I can’t answer about the accuracy of those sleep cycles and phases.”
Sleep researcher Ståle Pallesen will testify again tomorrow on this topic. He previously testified as an expert witness last week in a separate case involving an alleged rape at a party in Skaugum in 2018, which Høiby also denies involvement in.
Party and Bathhouse Video from the Dock
Two videos taken at 2:04 a.m. And 2:13 a.m. On the dock in Henningsvær were also played in court.
The videos show Høiby and other partygoers singing, and one person jumping into the cold water.
At 2:37 a.m., the woman made her last major movement, according to the watch, before waking up in the morning, Larsen explained. The sleep data ends around 9 a.m.
Police have collected text messages, photos, and videos, and other data from both the woman and Høiby’s digital devices. For Høiby, this includes a phone. For the woman, it includes a phone and a pulse watch.
Pulse data was only secured from the woman, as she was wearing a watch that records such data. Høiby did not have such a device – he only had a phone.
Throughout the night, there were several message exchanges between Høiby and the woman from Frogner, and between Høiby and others, where the topic was the woman from Frogner.
Høiby is also charged with aggravated assault against the woman from Frogner. He has partially admitted to this in court.
Høiby has stated that their relationship was strained that weekend, and he has said he did not consider them to be a couple.
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