THE HAGUE - The Common Court of Justice failed to explain why it deviated from the Public Prosecutor's Office's assessment that a case in Curaçao involved rape, according to Attorney General E.J. Hofstee. In an advisory opinion to the Supreme Court, Hofstee recommended that the ruling be overturned and that the case be retried by the Court in Willemstad.
The case concerns a 47-year-old man who had sexual intercourse with a 19-year-old woman in Curaçao in 2019. The Court ruled that the woman was too intoxicated to resist, placing her in a state of “physical incapacity.” As a result, the man was convicted of "sexual penetration of a physically incapacitated person" and sentenced to over two years in prison. However, he was acquitted of rape.
Dispute Over the Rape Charge
The Public Prosecutor's Office strongly disagrees with the verdict. Prosecutors argue that the man forced the woman into sex, citing statements from the victim and witnesses. According to these accounts, the woman cried, resisted, repeatedly said “no,” and begged the man to stop. Additionally, the suspect allegedly used his physical strength to restrain her. Under Curaçaoan law, such coercion constitutes rape.
The Attorney General believes the Court should have justified why it dismissed these arguments. Curaçao's Code of Criminal Procedure requires judges to explain why they reject a well-founded demand from the prosecution, which did not happen in this case. Hofstee argues that this omission makes the ruling incomprehensible and warrants its annulment.
Furthermore, he questions the Court’s conclusion that the woman was in a state of “physical incapacity.” Legal definitions require that a victim be completely unable to resist, but evidence in the case indicates that she verbally and physically fought back. This contradicts the claim that she was entirely powerless.
The Attorney General has requested that the Supreme Court of the Kingdom of the Netherlands overturn the ruling. The Court must now decide whether the case should be retried and if the legal classification of the suspect’s actions should be revised.