Man gets 10 months jail for sexually assaulting intoxicated girlfriend before her death

The court in Alkmaar has sentenced 33-year-old Sebastiën van de B. from Anna Paulowna to 10 months in prison. According to the court, the man made his 21-year-old girlfriend perform oral sex on him on August 12, 2022, while she was unconscious due to excessive alcohol consumption. The Public Prosecution Service (OM) argued that she choked on the man’s penis, but the court found that this could not be proven.

The court only found Van de B. guilty of sexually penetrating a person who was incapacitated. The victim died two days later, but this could also have been the result of alcohol poisoning. Since it could not be established that the oral sex caused her death, the court acquitted the defendant on that point. As a result, the sentence was 20 months shorter than what the OM had demanded.

According to the court, Van de B. “took advantage of the victim’s defenseless and vulnerable position for his own sexual gratification.” The judge noted that the young woman was to some extent dependent on him and had previously been a victim of sexual abuse.

During the hearing two weeks ago, the court reviewed two videos that the defendant had recorded on the night in question, which he described as “an erotic evening.” The footage showed, among other things, that alcohol was flowing freely and that the woman was lying on the couch in a drunken stupor.

Contrary to his own account, the court concluded that Van de B. had engaged in oral sex with the victim shortly before calling emergency services. He dialed 112 after she stopped breathing. She was resuscitated and taken to the hospital, but never regained consciousness.

The court inferred that Van de B. had engaged in oral sex at that moment based on statements he made to police officers who arrived at the scene, among other things, that the woman had fallen ill during sex. Officers also overheard him telling his mother that the victim had choked “while he was in her mouth.”In the videos Van de B. recorded, he can be repeatedly heard crudely demanding to be orally satisfied again.

The court described his behavior as “disrespectful.” The court initially intended to impose a one-year prison sentence. However, because the trial was significantly delayed through no fault of the defendant, the sentence was reduced by two months.