Appeal Court: Leuven medicine student is guilty of sexual assault and rape, but gets no punishment

On appeal, the court in Brussels has now given the same ruling as the lower court. The student is guilty of rape, but will not be sentenced. The defendant does not have to meet any conditions, but he is subject to a probationary period of five years. If he commits new offences during that period, a sentence will be imposed.

‘It is and remains rape,’ emphasises press judge Annelien Verschaeve. ‘The court has not changed that. But this is not the classic story we think of when we think of rape.’ And, she emphasises: ‘A suspension of the passing of a sentence is not the same as impunity. It is about the specific circumstances in which this happened.’

The court also gives a number of specific reasons why it has decided to grant a suspension of sentencing.

‘The camera footage, statements and information in the case file show that the defendant behaved considerately towards the woman, both during the night itself and later. When in the morning the woman said that she could not remember anything, he communicated openly with her about what had happened, including that there had been a sexual contact.’

The court emphasises that he made an error of judgement. ‘The woman, who was under the influence of alcohol, was unable to give consent.’ ‘He also recognised and realised this,’ Verschaeve emphasises. ‘He did not dispute this at any time.’

The defendant also paid the woman higher damages than the court had imposed on him and discontinued his training in gynaecology and obstetrics. ‘He has a deeply felt sense of guilt and, at no point does he dispute what happened, acknowledging the suffering of the victim.’

The judgment also states that his sense of guilt ‘may have been reinforced after the decision in the lower court and the subsequent media storm and hate campaigns, which had a severe impact not only on him, but also on his family and the victim.’

The court therefore considered it justified to grant him the benefit of a suspension of sentencing. ‘A sentence would not contribute to the protection of the public interest and would, above all, have disproportionately adverse consequences for the defendant.’ According to the court, the risk of new offences is also limited.

The court gives a number of arguments for this as well. ‘In the event of new offences, the suspension can be revoked, so a sentence can still be passed. The defendant plays an important role for his mother and sister, especially since the death of his father. He also has a stable, committed relationship and shows social commitment. For example, he does voluntary work.’