The Leuven Public Prosecutor's Office has appealed against Tuesday's ruling by the Leuven Criminal Court in a rape case involving a medical student.
The Public Prosecutor's Office stated on Thursday that it disagrees with the lack of legal consequences. The case will be retried by the Court of Appeal in Brussels. It is not yet clear when this will be.
The case concerns events that took place on 8 November 2023. A young woman attended a Halloween party in Leuven, during which she became intoxicated. The defendant, a 24-year-old gynaecology student at UZ Leuven, took the woman back to his accommodation where he raped the victim, according to the court.
The court acknowledged the victim was "in no condition to consent" and deemed the crime "serious and unacceptable." It asked the defendant to pay €3,800 in damages, according to VRT NWS.
Guilty but 'young and talented'
The court did not issue a prison sentence, however, and decided to keep the defendant's criminal record clean, citing the defendant's young age, lack of a previous criminal record, and career potential. The judge believed that acknowledging guilt without a punishment would foster awareness and prevent future crimes, without disrupting the student's life.
"It is undeniable that he passed the line of what is permissible. The man showed a lack of respect for the victim's physical, psychological and sexual boundaries," the judge said, as reported by VRT NWS.
"However, he is still young and has no criminal record. He is also a talented and committed person both in his professional and private life. By finding him guilty but not punishing him, he will be made to feel guilty and the chance of him reoffending will be prevented, without socially impairing the man."
'Enough is enough' - students protest verdict
Following the news of the verdict on Tuesday, UZ Leuven announced that they would be suspending the defendant as a precautionary measure. "We have placed the doctor in question on a 'non-active' status in our hospital."
The judge's ruling sparked significant public outrage. A protest has been planned to take place at 18:00 on Hebert Hooverplein in Leuven. Under the name 'Enough is enough' the action aims to protest the verdict and to call for greater action around the prevention of sexual violence.
In a statement on Thursday, the Prosecutor's Office emphasised the importance of maintaining composure and warned against targeting any party involved in the case publicly. It further reminded the public that sharing personal information on social media without consent can have legal consequences.
