A 18-year-old boy from Berkel-Enschot met a few times with a 16-year-old girl from Boxtel. After a number of dates, the two had sex, but it turned out not to be mutual consent. On the contrary. And the girl turned out not to be 16, but only 13.
The young man is now 21, because the sex was in October 2022. According to a friend of the girl, she was also forced to have sex with the young man, a few weeks after sex with her girlfriend. She too was only 13 at the time.
And so this young man from Berkel-Enschot was in front of the judge in Den Bosch on Tuesday with two emotional girls from now 16 years old. What seemed to be so cozy in the autumn of 2022 became a horror for the girls, it turned out.
They both say that they were forced to sex by the young man. He would have grabbed them with their hair at different times and forced them oral sex. With the first girl he would also have gone further.
Both stated that they had been suffering from this terrible experience for years now. Their cheerful character has changed and it is not going well at school. Both also follow therapy and there were many reproaches in their right to speak.
‘Joint decision’
The young man found it ‘annoying to hear’, but he did not see that it could be his fault. The sex with the first girl was a joint decision. They liked each other, met a few times, and one came home to the girl. The sex with her girlfriend denied the young man.
He had visited the girls together with a friend several times in Boxtel. The four of them hung around her home or went to hockey. One evening at the end of October there was cuddled and kissed and both boys went up with the girls and had sex, in the same room. According to the young man there was nothing wrong and they had sex again the next morning, after which they went home.
Two weeks later he went by with another friend again. Then, according to the second girl, he would have forced her to sex, but he firmly denied that. After a fight he left and contact with the first girl was difficult.
Possible pregnancy
After that, she had not had her period for two weeks and wanted to talk to the young man about a possible pregnancy. But according to his lawyer, the young man behaved like ‘a hobby’ and did not record. Half a year later at the fair in Oisterwijk, the two met each other and according to the young man it was agreed to drop the declaration. But according to the girls, the young man insisted on that.
The public prosecutor ruled that she believes the girl’s statement and ruled that the girl’s sex was involuntary. The young man was five years older and was already working. The girl was only in second grade of high school. So, according to her, it was not young people who have few, so there is indeed fornication. According to her, the girl said she was 16 does not matter.
The involuntary sex with the girl’s girlfriend turned out to be more difficult to prove. The young man denies and there is no other evidence. That is why the public prosecutor asked for that fact for acquittal.
Because the young man comes across as younger than his real age, according to the probation service he still has to be tried according to juvenile criminal law and that followed the public prosecutor. She demanded a day of juvenile detention, who has already been in custody and a two -hundred hours of community service. As a stick, she also demanded four months of youth detention, which the young man only has to sit out when he will go wrong again in the next two years.
According to the young man’s lawyer, the court cannot condemn him for sexual acts. “If you condemn him, close the door for every sexual meeting trip of every young person,” he said. “He should have made other choices, but all this is not punishable.”
The decision in this case is on 12 August.