Former Utrecht prison guard gets 3 years for raping female inmate in her cell

A 51-year-old man from Apeldoorn was sentenced on Tuesday to three years in prison by the District Court of Midden-Nederland for raping a woman in 2010 while he was working as a prison guard at the Nieuwersluis penitentiary institution in Utrecht. The court also imposed a five-year ban on his ability to work as a prison guard.

The court found it convincingly proven that on June 12, 2010, during his shift at PI Nieuwersluis, a facility that houses only female detainees, the man went to the cell of a woman. She had remained inside during the outdoor recreation period because she was feeling unwell. He then raped her inside the cell.

After the assault, the man told the victim to keep quiet about what had happened. He said that if she talked, she could otherwise be transferred to another facility. He was arrested in 2022 under a suspicion that he had assaulted three female detainees between 2010 and 2016.

The court explained that sex crime cases often lack witnesses beyond the accused and the victim, requiring judges to assess the credibility of statements. In this case, the court ruled the victim’s account was reliable and that it was supported by proof.

According to the judgment, shortly after the incident the victim emotionally told a friend inside the prison what had happened. An ex-inmate confirmed seeing the victim run to that friend while crying. A pen friend also testified that the victim called him shortly after the assault in an upset state.

The victim at one point told prison staff that the rape had not occurred. However, the court rejected the defense argument that this undermined her credibility, finding that her retraction fit within the context of a dependency relationship with the defendant. The court noted that the woman explained she was afraid of the consequences, including disbelief or transfer.

The judges also emphasized that the defendant abused his position as a prison employee. The court said the victim was entrusted to his care and dependent on him, and that he exploited that dependency in a severe breach of duty.

The court further noted that despite her fear, the victim eventually reported the assault, which enabled the case to come to light.

In May 2023, the Dutch Justice and Security Inspectorate found in an investigation that female inmates at the Nieuwersluis were routinely subjected to unethical and sexually transgressive behavior by staff. The investigation found incidents including sexually oriented remarks, physical sexual contact such as French kissing and oral sex.

There were also reports of relationships between prison employees and detainees. Additionally, there was bullying, shouting, and discriminatory comments. The Inspectorate concluded that the guard's behavior was not isolated but reflected an ongoing and unsafe culture within the facility.