Judge speaks man (25) free for rape because there is doubt: « Woman sent clear texts afterwards » (Ghent)
© Marc Herremans – Mediahuis
A 25-year-old man was acquitted of rape in the Ghent court on Thursday. The woman was under the influence and stated that she had not given permission, but that denied the defendant. The judge ruled that there is doubt.
On March 22, 2021, a young woman and the defendant came into contact with each other during a trip with friends in Ghent. The group of friends continued to sleep together. The next morning the woman was in the same bed with the defendant. She went to the care center after sexual violence and reported rape.
The criminal file was already dismissed by the public prosecutor in January 2022. In August 2023, the woman submitted a complaint with civil party to the investigating judge. The defendant, she thought, had abused her vulnerable condition due to excessive alcohol consumption and the fact that she slept.
The case eventually came to court. There the suspect shouted his innocence. He denied that he started touching the woman when she was already sleeping. « She was awake and we started talking. She was also awake all the time when we had sex, » it sounded.
Consistent
The public prosecutor did not progress and « behaved according to the wisdom of the court ». The man was acquitted on Thursday. According to the court, the facts could not be proven « outside reasonable doubt ».
« The woman didn’t sleep when I started touching her. She was awake all the time when we had sex »
Defendant
During the handling of the case
The court had doubts about the victim’s statement. According to the law, the person must be « drunkenly drunk » or in a deep sleep before there can be rape. There was no evidence in this case, the judge ruled.
« No drunkenness »
The verdict indicates that the woman had sent clear text messages after the facts and then crawled into bed with the boy. According to the judge, toxicological tests showed that the woman was under the influence, but that there was no drunkenness. The judge ruled on the basis of these elements that she knew what was happening.
The judge also noted that the woman had a relationship at the time of the facts and may regret what had happened. The suspect made consistent statements and the victim did not give any signals to friends afterwards.
