A man in his forties received an eight-month suspended prison sentence on Monday at the Bruges Magistrate's Court for raping his girlfriend while she was asleep. The prosecution had requested a three-year prison term.
The victim's sister went to the police on 26 May 2020 to report her brother-in-law's actions. She said he had gotten her sister drunk and drugged her. The 44-year-old, from Bornem in the province of Antwerp, had also offered her sexual encounters in return for payment. The victim confirmed that her partner had made such offers but said she had refused them.
A few days later, the 48-year-old victim filed a complaint for rape. She described how, since March, she had woken up several times while her partner forced himself on her.
The prosecution pointed out that it was impossible for the victim to have consented to these acts in her sleep. It advanced as evidence the fact that the accused had conversed with friends by text message on the issue, the investigation showed. In particular, he once admitted to forcing himself on his partner while she was asleep.
The defence argued for acquittal on the grounds that the couple had agreed beforehand that the man could perform a sexual act on his sleeping companion if he felt the urge.
The judge found the defendant guilty but suspended his sentence because the reasonable time limit had been exceeded, otherwise, he would have been sent to jail for 16 months.
He was also ordered to pay €2,500 in compensation to the plaintiff.
