Student claims to have been influenced by the culture of his student association
Former fraternity member accused of rape, prosecutor demands four years in prison
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The accused was arrested in February 2023 after a student pressed rape charges. She met him in September 2022 at Dom Square, in the early morning, after going out in the area. She accompanied him to his home, where he allegedly had intercourse with her against her will, disregarding her tears and groans of pain. “He just said: ‘Be quiet,’” the woman said when interrogated. “I just lied there, feeling stupid.”
The news of his arrest spread like wildfire in the Utrecht student community, leading to two additional accusations. A Utrecht-based student says she’s had multiple consensual sexual relations with the accused. However, in January 2022, after a sleepover, the man wouldn’t take no for an answer. After saying “You owe me, I need to come,” he allegedly forced her to have sex with him that morning. She warned him that she would go to the police if he ever tried to do the same to anyone else. She kept her word.
The third rape report is from a student from Amsterdam. After a night out at the nightclub Woolloomooloo, in Utrecht, she woke up in his bed naked, feeling dazed, and with no recollection of what had happened the night before. That morning, they allegedly had sex even though she did not want to. “I just lied there, like a starfish. I just let it happen to me,” states the student in her report.
The accused acknowledged that he’s had sexual relations with the two students from Utrecht, but claims they were both consensual. He says he didn’t notice that the women didn’t want to have sex because he did not see or spot any signs of non-consent. “I find that awful,” he said, stressing that he never had the intention to harm them. “I think it’s horrible that they experienced it that way. That was never my intention.”
“Besides, I was living in a bubble where having multiple sexual partners is normal for both guys and girls,” stated the student from Hilversum, arguing that sleepovers are common among members of student associations, which sometimes results in sex. According to him, unprotected sex is common in this environment as well, with sexual partners often calling each other to warn that they have contracted sexually transmitted diseases.
Despite her reliable statement, the public prosecutor requested an acquittal with regards to involuntary intercourse with the student from Amsterdam, due to a lack of supporting evidence. However, he considers that there is enough evidence that the man forcibly assaulted the two others.
According to the prosecutor, the man only thought about his own pleasure, without respecting the boundaries of the women he was with. “Not everything is allowed,” declared the prosecutor, underscoring that the accused didn’t have free rein to do whatever he wanted just because the women had agreed to go to bed with him.
In addition to the three women who pressed charges, five other students have accused the student from Hilversum of sexually abusive behaviour, but they chose not to press charges. According to one of them, sleeping over at someone’s house and not having sex is simply “not done” in the fraternity and sorority world. "In fact", says the student, "this sort of behaviour is normalised within the association.”
As a special condition, the prosecutor demanded the student from Hilversum undergo treatment and cooperate with checks on alcohol and drug use. According to a psychologist, the accused shows “certain narcissistic traits” but he must be considered fully accountable anyway. As long as he no longer immerses himself in a riotous and alcohol-soaked student life, the chance of recidivism would be low, according to a behavioural expert.
In addition, the man should pay more than thirty thousand euros in damages to the two students from Utrecht. They both suffer from post-traumatic stress disorder and have fallen behind in their studies as a result. At the time of the alleged rapes, the two women were also affected by rumours that the student from Hilversum had HIV, which is not true.
Additionally, the public prosecutor demanded a restraining order for the three complainants and the other students who reported sexual abuse. Not complying with the restraining orders entails one month in jail for each violation.
The lawyer of the accused asked for an acquittal arguing there was no coercion involved and that the sexual relations were consensual. According to him, the women never indicated that they did not want to have sex or continue to have sex with the student from Hilversum.
“Now, I see that I had too easy a view about sex,” said the accused, who has spent seven months in pre-trial detention. According to him, his life has "done a 180", providing him with new insights. The man has since said goodbye to student life in Utrecht. He’s moved back with his parents in Hilversum, where he has a steady girlfriend and combines part-time study with a permanent job.
The court will issue its ruling on March 11.