Singer Marco Borsato cleared of child sexual abuse as prosecutors decline appeal

The Public Prosecution Service (OM) has decided not to pursue an appeal in the sexual assault case involving singer Marco Borsato. The decision, announced Tuesday, is based on the assessment that the likelihood of a conviction at the appellate level would be minimal.

On December 4, the Utrecht district court cleared the 58-year-old singer of charges of sexual misconduct involving a child. With prosecutors opting not to appeal, the ruling can no longer be challenged.

Prosecutors recommended a five-month jail term for Borsato over alleged sexual misconduct involving a 15-year-old girl at the end of October. He has consistently rejected the accusations.

The charges alleged that the misconduct occurred between September 2014 and January 2015. While the OM maintains its confidence in the credibility of the complainant’s account, it noted that the court stopped short of issuing a definitive ruling on that credibility, concluding only that the statement could not be deemed unreliable.

The judges found that the complainant’s account was not backed by enough evidence. Prosecutors disagreed, arguing that a combination of witness testimony, messages, audio recordings, and diary notes provided adequate corroboration.

In the view of the OM, the court evaluated each item of evidence in isolation, leading it to conclude that no supporting proof was present.

The OM considers further investigation pointless, because “the possibilities for gathering corroborating evidence in this case have already been exhaustively explored.” Any appeal court would thus be required to rule on the same body of evidence.

Peter Plasman, the attorney for the complainant in the Marco Borsato sexual abuse case, said he struggles to come to terms with the OM’s decision not to pursue an appeal.

Plasman commented Tuesday, “The acquittal was naturally a disappointing outcome for my client. The OM continues to trust the credibility of her testimony, which makes it all the more regrettable that she is abandoned halfway through the process. The prosecution started this case and is now withdrawing.”

Following the acquittal, Plasman had anticipated that the OM would file an appeal. He criticized the court’s finding that no supporting evidence existed, noting that this issue would have been central in an appellate review.

Borsato’s legal team described the prosecution’s decision not to appeal as “beneficial for everyone.” Geert-Jan Knoops added, “It is positive for all parties that this case is now definitively closed. The court’s acquittal was a carefully reasoned legal decision, which the OM now acknowledges,” he said.

“I believe their choice not to appeal is entirely justified. On a personal level, it is also beneficial for both Borsato and the complainant with her family that this chapter is now closed,” Knoops continued.

Geert-Jan and Carry Knoops have not yet consulted with their client because they are occupied with the Stint case at the Den Bosch court. “We still need to discuss with him whether he wants to continue his legal action against the mother and daughter,” Carry Knoops said.

In 2021, the singer had accused the complainant and her mother of making a false report, defamation, and slander.