Suspect could face 14 years in prison for 1995 rape, murder

The Public Prosecutor demanded 14 years in prison against Jos de G. in court on Wednesday for the rape and killing of 15-year-old Nicole van den Hurk in 1995. De G. faces charges of rape and manslaughter. Bart-Jan van Rooij, journalist for Eindhovens Dagblad, tweeted live from the courtroom.

The fact that De G. never showed regret for his deeds played a big part in the Public Prosecutor's demand for a sentence against him. The Prosecutor did not demand psychiatric treatment because there is no indication that a lack of it will increase the risk that De G. will repeat his crimes. According to the Prosecutor, such indications are necessary to demand treatment. The 671 days De G. spent in custody will be subtracted from the prison sentence.

Nicole van den Hurk disappeared on October 6th, 1995 while cycling from her grandmother’s house to her part time job at a supermarket. Her body was found, raped and murdered, about two months later in a wooded area between Mierlo and Lierop. Suspect Jos de G. was arrested in 2014. 

The Public Prosecutor’s sentence demand against De G. comes a year after the case went to trial. Shortly before the demand was made last year two new witnesses entered the picture. Both were in a psychiatric institution with De G. They claim that in the clinic De G. talked about a girl he murdered, and they believe it was Nicole van den Hurk. The trial was delayed so that these allegations could be investigated. The Public Prosecutor believes the statements of the new witnesses to be reliable, but decided not to add it to the evidence of the case. This is because the information in the statements statements were too general.

De G. largely remained silent through the entire process. He once stated last year that he did not rape Nicole van den Hurk. He said that he may have had consensual sex with her, but he can not remember it.

The suspect questioning the DNA evidence resulted in three different experts examined DNA traces found on the girl’s body. Three separate DNA traces were found. Both the Netherlands Forensic Institute and researchers in New Zealand concluded that it is 188 trillion times more likely that one of the DNA traces found belongs to Jos de G. or a boyfriend of Nicole. The Public Prosecutor is certain the DNA belongs to Jos de G.

A pubic hair was also found on Nicole’s coat. The Public Prosecutor believes that this too belongs to De G. The Prosecutor stressed that there is no way that it was consensual sex. “Then the hair would have fallen from the jacket.” The prosecutor added that Nicole had no time for a relationship in the time before her death - she had school to attend, a part time job and spent a lot of time with friends, her aunt and grandmother.

The Prosecutor also referred to statements Jos de G. made about sex being “like grocery shopping” for him and that every night out ended in sex. The Prosecutor considers it proven that De G. raped Nicole van den Hurk on October 6th, 1995.

The most likely cause of Nicole’s death is a stab wound that caused internal bleeding, according to the Prosecutor. “What exactly happened on 6 October 1995, we will probably never know”, the Prosecutor added.

A number of Nicole’s friends and family members were present in court on Wednesday. Her stepbrother Tommy got a chance to speak in court. “Here sits the man that raped and killed my sister. An innocent man would not keep silent, but talk”, he said, addressing De G. “I saw little that you have nothing to hide. You rely on your right to remain silent or let your lawyer talk." He wants De G. to be sentenced to institutionalized psychiatric treatment.