A court in the Flemish Brabant city of Leuven has refrained from passing sentence on a 24-year-old medical student found guilty of the rape of a fellow student in November 2023. The judge decided not to pass sentence which means that although found guilty of rape the student will not have a criminal record or have to pay a fine, serve a custodial sentence or have to abide by any probation conditions. "It is undeniable that he crossed the line of what is acceptable, but he is still young”, the judge said.
Medical student convicted of raping another student escapes sentence as “He is young and talented”
Published:
The rape took place in Leuven on 8 November 2023. The victim went to a Halloween party with her friends. While she was at a bar frequented by students the young woman suddenly lost consciousness of her surroundings. It is not clear whether or not she had been drugged.
Last month her lawyer told the court that "She stumbled and was unable to stand up on her own two feet and needed support to prevent her from falling down"
Issues finding work
It was while she was in this state that the young woman met her attacker. He claims that she spoke to him first and asked him for the address of a night shop. He said that he then said that he would walk with her to the shop. They then went to his digs, where they had sex. He claims that he asked her several times if she consented and that he had been given the impression that she did.
However, the prosecution said that what happened was rape and he had profited from the victim’s drunken state to satisfy his sexual desires. "He claimed that he had protected the female student by taking her with him, but then engaged in sex acts with her”.
The prosecution had requested a 3 year-suspended sentence. The defence requested that no sentence be passed as this would result in the accused having great difficulty in finding work in the medical profession.
A talented person
In his summing up the judge said “It has been proven that sexual intercourse took place at a time that she was in a state that meant that she couldn’t possibly consent to it. The offence is serious and unacceptable.”
Nevertheless, the judge refrained from passing sentence. “It is undeniable that he passed the line of what is permissible. The man showed a lack of respect for the victim's physical, psychological and sexual boundaries. However, he is still young and has no criminal record. He is also a talented and committed person both in his professional and private live. By finding him guilty but not punishing him, he will be made to feel guilty and the chance of him reoffending will be prevented, without socially impairing the man”.
The conviction will not appear on the man’s criminal record. However, if he reoffends, he will be sentenced for this rape as well as for the new offence.