A 29-year-old man from Bertem has been sentenced by the Leuven Correctional Court to a three-year suspended prison sentence for raping a woman May 2024.
The defendant, DF, assaulted the victim while she was semi-conscious at a party. The events took place on the night of 9 to 10 May, 2024. According to the Public Prosecution Service, the defendant and the victim met at a party at a mutual friend’s house.
Both had consumed alcohol, and during the evening, the defendant had already touched the woman against her will multiple times, although she clearly indicated that she did not want this.
Later that evening, the victim, who was in a drunken state, went to sleep in a guest room. According to the Public Prosecution Service, the defendant sought her out several times and eventually engaged in sexual acts while she was in a "sleep-drunken state".
When the woman regained consciousness, she left the room and told a friend that she had been raped. Subsequently, she reported to the sexual violence care center in Leuven.
The defendant claims that the sexual relations occurred with mutual consent and described the acts as “passionate.” He did admit, however, that the victim had previously told him to leave her alone and that he was basing his actions on his own assumptions. During his interrogation, he stated that he believed the victim was playing “hard to get.”
“She did not say no at any point,” stated DF’s lawyer. “There were mutual caresses, and at no moment was my client, nor the civil party, completely drunk. He is a good guy with a clean criminal record. He regrets what happened, but the claim that this constitutes rape is incorrect.”
According to the prosecution, there was no consent. “The defendant took advantage of the victim’s sleep-drunken state, as she was unable to give consent,” they stated.
“She had set clear boundaries beforehand, and yet the defendant crawled into bed with her.”
The civil party’s lawyer argues that there is no doubt that this constitutes rape. “No means no, and not responding means no as well.”
The victim is reportedly still suffering psychologically from the attack. She was awarded €3,000 in compensation.
The Leuven Correctional Court sentenced the 29-year-old man to a suspended prison sentence of three years. He is also stripped of his rights for five years.
The offences committed are serious and completely unacceptable,” the judges stated. “The defendant showed a manifest lack of respect for the physical, psychological, and sexual integrity of the victim and failed to take into account the consequences his actions could have for her well-being.”
