A 29-year-old man from Eeklo who was accused of raping a woman after a night out has been acquitted by the Ghent Criminal Court due to doubts about whether consent was given.
"Being under the influence, even to a significant degree, of a certain substance is not in itself sufficient to constitute a non-consensual sexual act," the court ruled.
The incident took place in June 2023 in Eeklo. The woman went out and met the defendant, a former colleague she had not seen for a long time.
"The woman stated that after a few drinks she had a complete blackout. She could not remember whether she had actually gone home with the defendant and his friend," the court stated.
"When she woke up around 9 a.m., she saw that her bra had been torn off, her top was torn and her panties were on the floor. She felt pain in her vagina and had been bleeding. On the living room table were three glasses, a bottle of spirits and a bottle of Jupiler," the court stated.
"An examination by the Sexual Assault Care Centre revealed that the woman had a round bruise on her left lower leg and on the outside of her knee. Bruises, swelling and an abrasion were also found at the entrance to her vagina."
The defendant stated that he had taken her home with a friend. "At her home, they all had another drink. The woman and he started flirting, after which his friend left. Then they both felt like having sex and had intercourse. After the sex, he left. The woman had fallen asleep on the sofa," the court reported.
According to the man, the woman also took the initiative and assumed various sexual positions, including, according to him, sitting on top of him and performing oral sex on him.
The court acquitted the man on the grounds of reasonable doubt. "In principle, everyone has the free choice to engage in or participate in certain sexual acts. Merely being under the influence, even to a significant degree, of a particular substance (in this case alcohol) is not in itself sufficient to constitute a non-consensual sexual act."
The new sexual criminal law also requires that a person’s state of intoxication must be ‘laveless’ or ‘lazarus’ in order for there to be a ‘lack of consent’ on the part of the alleged victim solely because of that state of intoxication,’ it states.
The specific elements of the criminal file ‘do not show that the woman was in a state of laveloze drunkenness, i.e. a state in which her free will and ability to give consent were completely impaired,’ according to the court.
"A person who voluntarily consumes alcohol, even in considerable quantities, remains in principle responsible for the consequences of his or her actions and behaviour, including towards himself or herself. In principle, therefore, those consequences cannot be attributed to another legal subject."
"Even if a person indulges in excessive alcohol consumption and his or her inhibitions are significantly reduced as a result, this does not automatically mean that this person is no longer capable of expressing his or her free will in the sexual sphere in order to exercise his or her right to sexual self-determination," the court said.
