Prosecutors will appeal after ex-cop, friend acquitted in rape of drunk girl

The Public Prosecution Service (OM) has decided to appeal after two men, including a former police officer, were acquitted on Tuesday in the rape case of a 17-year-old girl in Nieuwegein. Prosecutors allege that the rape took place in the city on October 19 last year.

The girl met the two men, aged 45 and 48, at a pub in IJsselstein, and they offered her a ride. On the way, they stopped at a McDonald's restaurant, where sexual acts took place in the parking lot. Shortly after arriving home, the girl called a friend and stated she had been raped by two men.

Under Dutch law, sex with a person aged 16 or 17 is a criminal offense if, among other factors, the minor is in a 'particularly vulnerable position.' According to the court, this could not be established in this case.

However, the OM argues there were a “large number of factors” that made the girl particularly vulnerable, including her age, the fact that she had consumed alcohol, and her state of dependency. “On appeal, the prosecution will reassess the entire case file,” justice officials stated.

Prosecutors had recommended four-year prison terms for both suspects. Rather than arguing that the girl did not consent and that the men knew or should have known this, as is common in rape cases, the prosecution built its case exclusively on the claim that she was in a particularly vulnerable position.

A spokesperson said Thursday that no decision has yet been made on whether the appeal will rely on a different legal interpretation of the rape charges.