The Brussels Court of Appeal has reduced the sentence of a 29-year-old man to 30 months in prison (10 of which are suspended), for sexually assaulting a 15-year-old girl on a train from Leuven to Brussels in August 2023.
Last March, the man was given a 40-month sentence, half of which was suspended, which the defendant chose to appeal.
On 12 August 2023, the girl was standing near the doors of a crowded train. The defendant stared at her, and feeling uncomfortable, the victim decided to move and take refuge in the toilets. The man followed her, grabbed her by the neck, and began kissing and touching her. Her then forced his hands down her trousers.
The girl finally managed to free herself and moved to another carriage. The man followed her again and continued to harass her. When she called the police, he got off at Brussels-North station.
The police opened an investigation and issued an appeal for information in March 2024. An acquaintance of the defendant recognised him and dragged him to a police station the next day.
During an appeal against his original sentence, the defendant claimed that it was the victim who approached him and that she had "consented".
The public prosector disputed this version of events and requested confirmation of the initial judgment.
"Not only is it highly improbable, but it also has no importance since, given the victim's age, she was not legally capable of giving consent," noted the prosector, who also highlighted the attacker's refusal to undergo a psychiatric examination.
The victim's lawyer said: "Two years after the events, my client still suffers from panic attacks on public transport," adding that the defendant "was on his way to meet sex workers in Brussels. He simply considered my client easier prey."
The defence, for its part, once again argued for a prison sentence with a full suspended probationary period. Describing the assault as an "error of judgment" on his client's part, the lawyer considered that this behaviour "was most likely the result of the young man's drug and alcohol consumption" and emphasised his clean criminal record.
"We can therefore consider this to be an isolated case," the lawyer added.
The court reduced the sentence and prohibited the defendant from contacting the victim or her family.
