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SXM Jurisdictions Criminal law Special characteristics First instance – single On contradiction
vice case.
Multiple, very young, victims. The children came to the suspect’s home and also slept there. There were multiple completed rapes (one in association) over a long period of time and two assaults. Using circuit proof, which reveals a specific modus operandi and context.
The Court considers the statements of the various victims to be reliable, they find support in each other and in other evidence. The Court does not consider it plausible that the suspect acted under pressure or coercion from the co-defendant (invoking psychological force majeure).
In addition to these facts, images with child pornography were found on the suspect’s phone. Sentenced to 13 years in prison.
Verdict: July 7, 2022
Contradiction
Judgment of this Court
in the criminal case against the accused:
[suspect],
born on [date of birth] 1987 in [place of birth],
address: [address],
currently detained.
Investigation of the case
The investigation in open court took place on 23 June, 18 August and 1 December 2021 and 16 March and 16 June 2022. The suspect appeared each time, assisted by her counsel, mr. SDM Roseburg, lawyer in Sint Maarten .
During the hearing, the Public Prosecutor, mr. G. Steeghs, demanded that the Court of First Instance declare the charges under 1 primary, 2 primary, 3 primary, 4 primary, 5 primary and 6 charged as proven and will sentence the suspect for this to a term of imprisonment of 10 years, less pre-trial detention. His claim also includes the withdrawal from circulation of the seized images that concern child pornography. The public prosecutor requests that the claims of the injured parties be allowed.
Counsel has argued that the suspect will be acquitted of the charges under 1 to 5 inclusive and that the claims of the injured parties should be rejected and has defended the criminal offense with regard to the charges under 6 .
Lawyer G. Hatzmann appeared at the hearing on behalf of the injured parties [victim 1] and [victim 2]. The injured parties wish to join the criminal proceedings.
Indictment
The accused has been charged with the facts stated in the claim for amendment of the indictment admitted by the Court of First Instance and attached to this judgment.
Formal preliminary questions
The Court finds that the writ of summons is valid, that it has jurisdiction to hear the case, that the prosecution is admissible in its prosecution and that there are no grounds for suspension of the prosecution.
Evidence considerations with regard to facts 1 to 4
Position of the public prosecutor
The Public Prosecutor considers it legally and convincingly proven that the accused committed the charges 1 primary, 2 primary, 3 primary, 4 primary, 5 primary and 6. He bases this on the various declarations, which mutually support each other, and on the specific modus operandi of the suspect. Defendant confesses to having committed count 6.
Defense position
The defense requests that the suspect be acquitted of counts 1 and 5, because the victim did not stay with the suspect during the indictment period. In addition, the statements of the victims are variable and not reliable, and there remains too little evidence for counts 1, 2, 3, 4, and 5. For count 6, a conviction may follow.
The judgment of the Court
Reliability statements victims
The Court considers the victims’ statements to be reliable for the following reasons.
The victims were all interviewed by the police, and some time later again by the examining magistrate. In essential respects, the latter statements correspond to what they have stated earlier. Furthermore, the statements made to the police and the examining magistrate correspond to what some victims have told third parties.
What further contributes to the reliability, and precisely contradicts the fact that things are coordinated and agreed upon, is the fact that the actions do not correspond one to one. For example, [victim 2] states that she was abused once by the suspect and that this was only an assault. The other victims state that there have been multiple completed rapes.
In addition, the details mentioned by the victims also contribute to the reliability. A good example is [Victim 1] who states that the oral sex by the Defendant sometimes hurt because of the tongue piercing that the Defendant was wearing, or [Victim 2] who states that Defendant had told her that [Victim 2]’s breasts would grow if the suspect sucked on it. In the opinion of the Court of First Instance, it is hard to imagine that the young victims made up these details, but that they explain about these details because they experienced this themselves or otherwise experienced it.
In addition, many parts of the statements are supported by other evidence. For example, the suspect stated that she was indeed wearing a tongue piercing. Three victims also stated that they slept in the suspect’s bedroom, sometimes in her bed and sometimes on a sofa bed. These statements are supported by the statement of the suspect, who stated that she had purchased a sofa bed for when the girls stayed the night. Furthermore, two victims stated that the suspect took pictures of them. Photos of one of these victims were actually found on the suspect’s phone.
Finally, the statements also find mutual support. An example of this is that some victims declare to each other that they have seen each other at the suspect’s home. This has been confirmed by the suspect himself.
A reason for the victims to lie or falsely accuse the suspect has not surfaced. All in all, the Court sees no reason to doubt the statements of the young victims.
Evidence minimum and switching certificate
In rape cases, the situation often arises when there are no witnesses. That is also the case in the charges referred to under 1 to 5. In order to comply with the minimum evidence rule, which means that the evidence that the suspect has committed the charged offense cannot be assumed solely on the testimony of one witness, the mere statement of the declarant is insufficient to arrive at a finding of evidence. In case the suspect denies the facts, the latter must find sufficient support in other evidence. It follows from case law of the Supreme Court, however, that this provision relates to the indictment in its entirety, so that not every part of the indictment, including the core of the criminal conduct, requires double confirmation.
Furthermore, statements by declarants can find support in each other, in other (the auditu) statements or other supporting evidence, which, taken separately, might not be regarded as evidence.
In addition, according to established case law, it is permitted to use evidence based on other proven, similar facts as supporting evidence (linking evidence). The acts underlying the fact to be proved and the other facts are then so similar that the proof of the first fact may be deduced from the similarity with the other facts. The evidential value of the evidence then lies in the similar modus operandus, both with regard to the behaviors and with regard to the context in which the behaviors were performed. The proof of one fact is then partly the reason for the other fact.
On the basis of the evidence, the Court finds that from the statements of the victims [victim 3], [victim 2], [victim 1] and [victim 4] about the nature of the acts performed on them by the suspect (oral sexual acts fingering, taking pictures and/or sucking on breasts), the locations where these were performed and their relationship to the suspect (they were all students at the school where the suspect worked) a recognizable specific modus operandi and context can be deduced . The suspect received the victims, all girls between 5 and 11 years old at the time of the offenses and who were in an unstable home situation, in her home. She gave homework support or did their hair. The victims slept in the suspect’s home, sometimes in her bed and sometimes on a separate sofa bed. In the case of [Victim 2] and [Victim 3], the abuse (also) took place at a school, where the Defendant worked. [Victim 3], [Victim 2] and [Victim 4] all declare that the Defendant sucked on the breasts. [Victim 1] does not explain this, but [Victim 3] did see that the Defendant also suckled on her breasts. Both [victim 3] and [victim 4] state that (nude) photos were taken of them.
Because the suspect has a recognizable, specific modus operandi, the Court is of the opinion that the evidence underlying the abuse committed by the suspect of one victim can serve as linking evidence for the alleged abuse of the other victims.
compulsion
In order to arrive at a proven fact of the offenses primarily charged under 1 to 5, it must be established that the suspect forced the victims to undergo these acts through violence or another fact or through threats of violence or another fact. that (partly) consisted of sexually penetrating their bodies.
On the basis of the file and the proceedings at the hearing, the Court of First Instance is of the opinion that there was no question of violence or threats of violence. The question remains whether there were ‘other facts’ as a result of which the suspect forced the victims to undergo the alleged sexual acts.
By ‘factuality’ is meant a behavior that is suitable to force someone to do what is required of him or her. It follows from settled case law that in that regard it must be established whether the accused deliberately exerted such psychological pressure or placed the victim in such a position of dependence that he could not resist those acts. Coercion by a factual fact can also be spoken of if the suspect has brought the victim into a (threatening) situation, intentionally caused by him, that it was difficult for the victim to withdraw from those acts.
Particularly when it comes to dependent and vulnerable persons, in practice the other fact is often described as the abuse of a certain predominance, as the exertion of psychological pressure, or as the abuse of a dependent relationship.
Unlike counsel, the Court of First Instance considers that the coercion charged has been proven. Although there is no question of violence, the file does show other facts that resulted in an intimidating, oppressive and threatening situation for them through the actions of the suspect, against which they could not (adequately) defend themselves. The victims were girls between the ages of 5 and 11. They often stayed with her for longer periods and, especially in view of the young age, were dependent on the care of the suspect. Moreover, it was difficult for the young victims to withdraw from the situation. The suspect worked at the school where the victims attended. The victims were repeatedly brought to the suspect, despite the fact that some of them indicated that they no longer wanted to go there.
Fact 2 and 3: the same fact?
With regard to counts 2 and 3, the counsel argued that these facts should have been combined into one fact, because this could lead to a double punishment in the event of a statement of fact. The Court does not agree with this. Fact 2 is about sexual assault, while fact 3 is about co-perpetrating rape. Moreover, the actions described in facts 2 and 3 do not correspond.
Fact 5: Complicity
Unlike the public prosecutor, the General Court is of the opinion that the element of co-perpetration in count 5 cannot be proven, because according to the indictment all (actual) acts were performed only by the suspect. This is apparent from the words “having they, suspect”.
Fact 5: Sexual intrusion into the body
The Supreme Court ruled in its judgment of 18 May 2010 (ECLI:NL:HR:2010:BK6910) that apparently less serious forms of intrusion into the body with a sexual intent can also be experienced as significant harm to physical integrity and that can be as hurtful as forced intercourse.
On the basis of the statement of [victim 4] (fact 5) ” She would also try to put her finger in my pussy but it would hurt a lot” , the Court is of the opinion that the abuse of [victim 4] there was talk of sexually penetrating her body, as charged. The fact that the victim states that it hurt shows that the suspect has entered the vagina with her finger.
Evidence
The Court of First Instance bases its conviction that the accused committed what has been declared proven on the facts and circumstances contained in the evidence set out below and which are grounds for the finding of evidence. 1
For the sake of clarity of this judgment, it has been decided to list the means of evidence separately for each fact. As a result, some means of evidence – which serve as linking evidence – are named twice.
Fact 1 – Victim [Victim 1]
- The statement of the victim [victim 1], insofar as it contains, briefly and succinctly stated: 2
I started to go by Miss [verdachte]’s home when I was in group 6, that would mean I was between 9 or 10 years old. Miss [verdachte] used to help me with my homework. [verdachte] is her school name. Her real name is [verdachte].
Then sometimes when I would finish my homework. She use to take off my clothes while I was on the bed with the computer. And she use to take off my underwear and use her tongue by my private part. Sometime this would go on a lot.
Q= What do you mean by your private part?
A= My vagina.
Q= How many times did Miss [verdachte] put her tongue on your private part?
A= A lot of times. This would have happened every weekend that I would be there.
Q= Where exactly would she put her tongue?
A= In my vagina.
A= I would be on my belly on the laptop. And she would turn me around and take off my
underwear and spread my legs open on the bed. When she would do it with her tongue. I would cover my face and she would say ” You know you like it”
Q= How would she stop doing it to you?
A= She would just stop when she feels like it. I never told her anything because I was to
scare to say anything.
Q= When was the last time that you went to miss [verdachte]’s home to do homework?
A= Sometime before Corona came to this country I stopped, I don’t know the exact time
that I stopped going by Miss [verdachte].
Q= Did it ever hurt you when Miss [verdachte] would do that to you?
A= Sometimes because she had a tongue piercing.
Q=Did you ever do it to her?
A= Yes because she would force me to do it.
Q= Where would her hands be when she is putting her tongue in your vagina?
A= Sometimes on my legs or by my vagina holding it open.
Q= Where would you sleep?
A= I would sleep in her room with her on her bed.
Q= Do you know of anyone else that Miss [verdachte] did the same things too?
A= Yes, a girl by the name of [slachtoffer 2].
Q= How do you know that something similar also happened to [slachtoffer 2] by Miss [verdachte]?
A= While I was telling them what happened to me [slachtoffer 2] cut me off and said that Miss [verdachte] did the same thing to her.
- The statement of the victim [victim 1], made to the examining magistrate, insofar as it contains, briefly and succinctly stated: 3
I just to go by her for help with my homework. She used to take me up in her room, take of my clothes and put her tongue in my private part. That went on for a long time. Until I was like 10. It started when I was in group 5 and 6. She used her fingers by my private parts. The same thing she did with her tongue.
- The statement of the victim’s mother, [victim’s mother 1], insofar as it contains, briefly and succinctly stated: 4
My daughter [victim 1] is born on the [date of birth victim 1] 2009.
Q=What was [verdachte]’s role in sexually abusing your daughter?
A=Her role was, my daughter used to go by her to get her hair comb and also for her
to help her with her Dutch. Based on what my daughter told me [verdachte] performed oral
sex on my daughter. She sucked my daughter’s vagina.
Q=How many times did this happened between [verdachte] and your daughter?
A= My daughter told me that it happened more than once. She would sleep there for the weekend.
- The statement of the suspect, insofar as it includes: 5
The girls [victim 1], [victim 3] and [victim 4] have been at my house. They stayed the night and slept in my bed. Sometimes I had a separate sofa bed. I had a tongue piercing before the pandemic.
- The statements of the victim [victim 3], born on [date of birth victim 3] 2011, insofar as they contain a brief and concise statement 6
Q= Do you know of anyone else that Miss [verdachte] did the same things too?
A= Yes. [slachtoffer 4] and [slachtoffer 1]. Miss [verdachte] told me that I would come back. She told me she did it to [slachtoffer 4] and [slachtoffer 1]. I had catch her too sucking their titties.
Q= When I asked you the last time if you knew anybody else that miss [verdachte] did it to you told me [slachtoffer 4] and [slachtoffer 1].
A= I saw miss [suspect] sucking [victim 1] and [victim 4]’s titties.
Q= What was [slachtoffer 1] and [slachtoffer 4] doing when miss [verdachte] was doing that to them?
A= I don’t remember. They were naked.
Miss [verdachte] used to force me to make a show for them. [medeverdachte] would suck my vagina and my butt and miss [verdachte] also. They both will do it together on me. It would be me, [slachtoffer 4], [slachtoffer 1] and other girls also but I don’t know them. They would pick and choose who they want and the rest they would put outside the room to wait.
- The statement of [victim 3] to the examining magistrate, insofar as it contains, briefly and succinctly stated: 7
It was in [locatie 1]. Me, [slachtoffer 1] and [slachtoffer 4] were there. We had to show our bodies. This would happen more times.
- The testimony of [witness 1], containing, briefly and concisely stated: 8
A=[slachtoffer 3] is the one who told me everything.
Q=Who are you referring to when you say [slachtoffer 3]?
A=I am referring to [slachtoffer 3].
Q=What exactly did [slachtoffer 3] tell you?
A=[slachtoffer 3] told me that [naam 1] they does call all of us. We have to call each other sisters. We does have to line up in front of the bed. We does have to strip and take
off our clothes. [slachtoffer 3] told me that somehow she always ends up with [verdachte]. [slachtoffer 3] said that she would always end up by [verdachte] side. She said that they will give them something to smoke and then a tablet to make them happy. After that they will start fingering the girls and sucking their vagina. They would then end up on the bed until everything is over. She also mentioned that she used to suck Miss [verdachte] vagina.
- The statement of [victim 5], insofar as it contains, briefly and succinctly stated: 9
It was also happening to my younger sister [slachtoffer 1].
V= How do you know it happened to her too?
A= She told me and my mother. It happened to her when she was 5 or 6 years old.
She is now 12. She made 12 yesterday.
V= What did she tell you?
A= She told me that [verdachte], who is a teacher at her school molested her.
V= How was [slachtoffer 1] when she told you?
A= She seemed scared. From time to time we would cry at night because it would
haunt us.
- The statement of the victim [victim 5], made to the examining magistrate, insofar as it contains, briefly and succinctly stated: 10
[slachtoffer 1] would cry at night, so I would ask her what happened to her. She said she got molested by [verdachte] and that [verdachte] tried to make a picture of her in school. She also told me one of her friends was molested too by [verdachte].
- The statement of the victim [victim 2], made to the examining magistrate, insofar as it contains, briefly and succinctly stated: 11
Miss [verdachte] was coming from behind and started feeling me all kind of places. I was feeling uncomfortable, but I couldn’t do anything about it, because I was in a position where I didn’t know what to do. She lift up my shirt and tell me if she sucked my nipples it would make it grow. She sucked my nipples. It was only once.
I told what had happened and [slachtoffer 1] tell me that the same thing happened to her.
Fact 2 – Victim [Victim 3]
- The statements of the victim [victim 3], born on [date of birth victim 3] 2011, insofar as they contain, stated briefly and to the point: 12
Q= Did miss [verdachte] ever touched you in places that she shouldn’t have?
A= Yes.
Q= Where?
A= My titties. She had tell me to take of my clothes. I told her no. She then forced me to do it. Then is when she touched me on both my titties. She was like groping them. I was trying to stop her by moving her hands and I was also screaming. She was telling me not to scream.
Q= Besides touching your titties, did she do anything else to your titties?
A= Yes. She sucked them. When I screamed she told me shhhh. She also sucked them
while I was sleeping. I would scream and she would tell me to be quiet.
Q= When miss [verdachte] was sucking your titties what did you feel?
A= A little pain.
Q= How long ago did miss [verdachte] did this to you?
A= The last time I was by miss [verdachte] was during the lockdown.
- The statement of the victim [victim 3] to the examining magistrate, insofar as it contains, briefly and succinctly stated: 13
It was in [locatie 1]. Me, [slachtoffer 1] and [slachtoffer 4] were there. We had to show our bodies. This would happen more times. She would suck my breast and private part.
- The statement of the victim’s mother, [victim mother 3], containing, briefly and succinctly stated: 14
A= My daughter started staying at Miss [verdachte] from December 2018 throughout the year 2019, because I was at work. Also during the lockdown period for the corona.
- The statement of the victim [victim 2], made to the examining magistrate, insofar as it contains, briefly and succinctly stated: 15
Miss [verdachte] was coming from behind and started feeling me all kind of places. I was feeling uncomfortable, but I couldn’t do anything about it, because I was in a position where I didn’t know what to do. She lift up my shirt and tell me if she sucked my nipples it would make it grow. She sucked my nipples.
I told what had happened and [slachtoffer 1] tell me that the same thing happened to her.
- The statement of the victim [victim 4], born [date of birth victim 4] 2010, insofar as it contains, briefly and succinctly stated: 16
When I started to go by Miss [verdachte] I think I was around 6 or 7 years old. Miss [verdachte] use to squeeze my breast. She also sucked on my breast.
Q= Who all was staying by Miss [verdachte] home when you were there?
A= Only Miss [verdachte], her mother and [slachtoffer 3] would be there.
- The testimony of [witness 1], containing, stated briefly and succinctly: 17
A=[slachtoffer 3] is the one who told me everything.
Q=Who are you referring to when you say [slachtoffer 3]?
A=I am referring to [slachtoffer 3].
Q=What exactly did [slachtoffer 3] tell you?
A=[slachtoffer 3] told me that [naam 1] they does call all of us. We have to call each other
sisters. We does have to line up in front of the bed. We does have to strip and take
off our clothes. [slachtoffer 3] told me that somehow she always ends up with [verdachte]. [slachtoffer 3] said that she would always end up by [verdachte] side. She said that they will give them something to smoke and then a tablet to make them happy. After that they will start sucking their vagina and their breasts. They would then end up on the bed until everything is over.
- The statement of the suspect, insofar as it contains: 18
The girls [victim 1], [victim 3] and [victim 4] have been at my house. They stayed the night and slept in my bed. Sometimes I had a separate sofa bed.
Fact 3 – Victim [Victim 3]
- The statements of the victim [victim 3], born on [date of birth victim 3] 2011, insofar as they contain, stated briefly and succinctly: 19
Q= When I asked you the last time where all miss [verdachte] touched you, you told
me your titties. Is that the only place she touched you?
A= No. my p-u-s-s-y and my b-o-o-t-y. (getuige spelled it out). She played with them.
She was sucking my pussy, she was putting her fingers in my pussy and she was
playing with my pussy. She did the same with my booty.
Miss [verdachte], [medeverdachte] used to force me to make a show for them. Sometimes the wife [vrouw medeverdachte] used to be there. [medeverdachte] would suck my vagina and my butt and miss [verdachte] also. They both will do it together on me. It would be me, [slachtoffer 4], [slachtoffer 1] and other girls also but I don’t know them. They would pick and choose who they want and the rest they would put outside the room to wait.
Q= Describe the bedroom.
A= The color is blue. Next to the bed he has a small little table. He had a man standing up with a knife in his hand and it is black and with. He had speakers. It has two knives on the wall. He has a big big bigggg TV.
- Photos of co-defendant [co-defendant]’s bedroom: 20
- The statement of the victim [victim 3] to the examining magistrate, insofar as it contains, briefly and succinctly stated: 21
It was in [locatie 1]. Me, [slachtoffer 1] and [slachtoffer 4] were there. We had to show our bodies. This would happen more times. She would suck my breast and private part. This has happened 5 times.
- The statement of the victim’s mother, [victim mother 3], containing, briefly and succinctly stated: 22
A= My daughter started staying at Miss [verdachte] from December 2018 throughout the year 2019, because I was at work. Also during the lockdown period for the corona.
- The statement of the victim [victim 1], made to the examining magistrate, insofar as it contains, briefly and succinctly stated: 23
She used to take me up in her room, take of my clothes and put her tongue in my private part. That went on for a long time. Until I was like 10. It started when I was in group 5 and 6. She used her fingers by my private parts. The same thing she did with her tongue.
- The statement of the victim [victim 4], born [date of birth victim 4] 2010, insofar as it contains, briefly and succinctly stated: 24
When I started to go by Miss [verdachte] I think I was around 6 or 7 years old.
Q= Did Miss [verdachte] ever touch your pussy?
A= Yes she did, she always did this to me when I am laying down by passing her hand over
my pussy. She would also try to put her finger in my pussy.
Q= Did Miss [verdachte] ever touched your butt?
A= Yes she did. She would just hold/ squeeze my butt.
Q= Who all was staying by Miss [verdachte] home when you were there?
A= Only Miss [verdachte], her mother and [slachtoffer 3] would be there.
- The testimony of [witness 1], containing, briefly and concisely stated: 25
A=[slachtoffer 3] is the one who told me everything.
Q=Who are you referring to when you say [slachtoffer 3]?
A=I am referring to [slachtoffer 3].
Q=What exactly did [slachtoffer 3] tell you?
A=[slachtoffer 3] told me that [naam 1] they does call all of us. We have to call each other
sisters. We does have to line up in front of the bed. We does have to strip and take
off our clothes. [slachtoffer 3] told me that somehow she always ends up with [verdachte]. [slachtoffer 3] said that she would always end up by [verdachte] side. She said that they will give them something to smoke and then a tablet to make them happy. After that they will start fingering the girls and sucking their vagina. They would then end up on the bed until everything is over. She also mentioned that she used to suck Miss [verdachte] vagina.
- The statement of the suspect, insofar as it contains: 26
The girls [victim 1], [victim 3] and [victim 4] have been at my house. They stayed the night and slept in my bed. Sometimes I had a separate sofa bed.
Fact 4 – Victim [Victim 2]
- The statement of the victim [victim 2], born on [date of birth victim 2] 2010, containing, briefly and succinctly stated: 27
Q= Tell me as to why you are here today.
A= The ending of school year 2019. I think it was summer break, we had to close the
shutters in the school. Miss [verdachte] called me to help her with a classroom. I was alone with her.
When I was closing the last shutter, she came behind of me and she started to feel places
on my body that she wasn’t supposed to. Which is my breasts area and my vagina area. I
don’t even know why she was touching me by my breast area because I didn’t have any
breast then. I was flat. She even lifted my shirt and started to suck on my little nipples. With my vagina she was just touching me up sexually and I just froze. I didn’t know what to do. I was scared.
Q= Did she tell you anything when she was touching you?
A= She told me that it will make my breasts grow and to don’t tell anybody. She sucked on
my nipples for about 15 minutes I would think. She tried to pulled down my pants to do more but she heard someone coming up the stairs to go to the class next door so she wrapped it up fast.
Q= Why would you be scared?
A= Yes. I was very scared. She had me kind of pinned against the wall. I didn’t want to
scream or anything because I didn’t know if she would hold my mouth or threaten me.
Q= What exactly did she do to your vagina?
A= She was feeling it up and like kind of squeezing it but not like squeezing it. I don’t know
how to explain. Like you trying to soften up a lemon type of way.
Q= How old was you then?
A= I was 9 years old.
- The statement of the victim [victim 2], made to the examining magistrate, insofar as it contains, briefly and succinctly stated: 28
Miss [verdachte] was coming from behind and started feeling me all kind of places. I was feeling uncomfortable, but I couldn’t do anything about it, because I was in a position where I didn’t know what to do. She lift up my shirt and tell me if she sucked my nipples it would make it grow. She sucked my nipples. It was only once.
I told what had happened and [slachtoffer 1] tell me that the same thing happened to her.
- The statement of the victim’s mother, [victim’s mother 2], insofar as it contains, briefly and succinctly stated: 29
Q=What exactly happened?
A= It was the last days of school just before the summer vacation in 2019. This incident happened after school hours. The reason why she was in school so late because she would come home with the neighbor who also works at the school. [verdachte] asked [slachtoffer 2] to come with her to help close the classroom windows. My daughter told me that [verdachte] started to touch her inappropriate places. She touched her in her chest area.
Q=How many times did this happened?
A=just that one time. I then told my daughter to don’t be alone with her again.
- The statement of the victim [victim 1] to the examining magistrate, insofar as it contains, briefly and succinctly stated: 30
[slachtoffer 2] had tell me what Ms [verdachte] had do to her, and then I had tell her what Ms [verdachte] had do to me.
- The statement of the victim [victim 3] to the examining magistrate, insofar as it contains, briefly and succinctly stated: 31
She would suck my breast.
- The statement of the victim [victim 4], born [date of birth victim 4] 2010, insofar as it contains, briefly and succinctly stated: 32
When I started to go by Miss [verdachte] I think I was around 6 or 7 years old. Miss [verdachte] also use to squeeze my breast. She also sucked on my breast.
Q= Did Miss [verdachte] ever touch your pussy?
A= Yes she did, she always did this to me when I am laying down by passing her hand over
my pussy. She would also try to put her finger in my pussy.
Fact 5 – Victim [Victim 4]
- The statement of the victim [victim 4], born [date of birth victim 4] 2010, insofar as it contains, briefly and succinctly stated: 33
When I started to go by Miss [verdachte] I think I was around 6 or 7 years old. Miss [verdachte] also use to squeeze my breast. She also sucked on my breast.
Q= Did Miss [verdachte] ever touch your pussy?
A= Yes she did, she always did this to me when I am laying down by passing her hand over
my pussy. She would also try to put her finger in my pussy but it would hurt a lot and I
don’t like them things.
Q= Did Miss [verdachte] ever touched your butt?
A= Yes she did. She would just hold/ squeeze my butt.
Q= Who all was staying by Miss [verdachte] home when you were there?
A= Only Miss [verdachte], her mother and [slachtoffer 3] would be there.
- The statement of the victim [victim 4], made to the examining magistrate, insofar as it contains, briefly and succinctly stated: 34
Miss [verdachte] used to touch my private part, my behind and my boobs.
- The statements of the victim [victim 3], insofar as they contain, briefly and succinctly stated 35
Q= Do you know of anyone else that Miss [verdachte] did the same things too?
A= Yes. [slachtoffer 4] and [slachtoffer 1]. Miss [verdachte] told me that I would come back. She told me she did it to [slachtoffer 4] and [slachtoffer 1]. I had catch her too sucking their titties.
Q= When I asked you the last time if you knew anybody else that miss [verdachte] did
it to you told me [slachtoffer 4] and [slachtoffer 1].
A= I saw miss [suspect] sucking [victim 1] and [victim 4]’s titties.
Q= What was [slachtoffer 1] and [slachtoffer 4] doing when miss [verdachte] was doing that to them?
A= I don’t remember. They were naked.
Miss [verdachte] used to force me to make a show for them. Sometimes the wife [vrouw medeverdachte] used to be there. [medeverdachte] would suck my vagina and my butt and miss [verdachte] also. They both will do it together on me. It would be me, [slachtoffer 4], [slachtoffer 1] and other girls also but I don’t know them. They would pick and choose who they want and the rest they would put outside the room to wait.
- The statement of [victim 3] to the examining magistrate, insofar as it contains, briefly and succinctly stated: 36
It was in [locatie 1]. Me, [slachtoffer 1] and [slachtoffer 4] were there. We had to show our bodies. This would happen more times.
- The statement of the victim [victim 1], made to the examining magistrate, insofar as it contains, briefly and succinctly stated: 37
She used to take me up in her room, take of my clothes and put her tongue in my private part. That went on for a long time. Until I was like 10. It started when I was in group 5 and 6. She used her fingers by my private parts. The same thing she did with her tongue.
- The testimony of [witness 1], containing, stated briefly and succinctly: 38
Q=Who are you referring to when you say [slachtoffer 3]?
A=I am referring to [slachtoffer 3].
Q=What exactly did [slachtoffer 3] tell you?
A=[slachtoffer 3] told me that [naam 1] they does call all of us. We have to call each other
sisters. We does have to line up in front of the bed. We does have to strip and take
off our clothes. [slachtoffer 3] told me that somehow she always ends up with [verdachte]. [slachtoffer 3] said that she would always end up by [verdachte] side. She said that they will give them something to smoke and then a tablet to make them happy. After that they will start fingering the girls and sucking their vagina. They would then end up on the bed until everything is over.
Q=Who all would be there?
A=She said all the girls who used to be there. She said that there was this girl by the
name of [slachtoffer 4] who used to be there.
- The statement of the suspect, insofar as it contains: 39
The girls [victim 1], [victim 3] and [victim 4] have been at my house. They stayed the night and slept in my bed. Sometimes I had a separate sofa bed.
Fact 6
- The official report drawn up following a search of the suspect’s house, containing, briefly and concisely stated: 40
On the top floor of the house in the bedroom of [defendant], a telephone of the Samsung brand was found on the bed.
- View the report of findings, photos, containing, briefly and succinctly displayed: 41
When reading the mobile phone mentioned above, a number of photos of child pornography were found. It concerned a total of 5 photos with an image of an underage girl.
I, the reporting officer, recognized the underage girl in the photo as being the victim named: [victim 3], born on [date of birth victim 3] 2011 in [place of birth victim 3].
The photos mentioned above were viewed by me, the reporting officer. I, reporting officer, saw the following:
PHOTO 1
• I saw an underage girl probably between the ages of eight (8) and (11) eleven.
• I saw that the underage girl was looking directly at the camera with a smile on her face and her mask was up to the chin.
• I saw that the underage girl was dressed in a blue/white striped shirt with short sleeves, presumably the school emblem of the [school name] on the left, with a blue skirt.
• I saw that the girl was wearing a black and white colored mouth cap.
• I saw that the blouse was open and the blue-colored skirt had been pulled down to the knees.
• I saw that the girl was wearing pink shorts up to the knees and a yellow colored top/bra.
PHOTO 2
• I saw the underage girl in a blue/white striped short-sleeved shirt with presumably the school emblem of the [school name] on the left.
• I saw that her skirt was pulled down to the floor/feet.
• I saw that she was wearing black colored shoes.
• I saw that the girl was wearing pink colored underwear which she held with both hands.
• I saw that the pink colored shorts had been pulled down to her knees.
• I noticed she was wearing a yellow top/bra.
PHOTO 3
• I saw that the underage girl’s face was no longer visible and that the photo was taken at close range.
• I saw that the underage girl was dressed in a blue and white striped short-sleeved shirt with probably the school emblem of the [school name] on the left.
• I saw that the blouse was open and that the yellow top/bra was visible.
• I saw that the pink colored underwear had been pulled down.
• I saw that the pink colored shorts had been pulled down.
• I saw that the underage girl’s abdomen and vagina (female genitals) were visible.
• I saw that the underage girl was half naked in the photo.
• I saw that the underage girl’s arms were stretched out beside her body.
PHOTO 4
• I saw that the underage girl was looking directly at the camera with a smile on her face and her mask was up to the chin.
• I saw that the underage girl was dressed in a blue and white striped shirt with short sleeves, presumably the school emblem of the [school name] on the left.
• I saw that the blouse was open and that the yellow top/bra was visible.
• I saw that the pink colored underwear had been pulled down.
• I saw that the pink colored shorts had been pulled down.
• I saw that the underage girl’s abdomen and vagina (female genitals) were visible.
• I saw that the underage girl was half naked in the photo.
• I saw that the underage girl’s arms were stretched out beside her body.
PHOTO 5
• I saw the underage girl looking directly at the camera with a smile on her face.
• I saw that the yellow colored top/bra was partially pulled over her face up to the nose.
• I saw that the underage girl was dressed in a blue and white striped shirt with short sleeves, presumably the school emblem of the [school name] on the left.
• I saw that the blouse was open and the yellow top/bra was visible, but it was over her face.
• I saw that the underage girl’s upper body was bare and I saw her breasts.
• I saw that the pink colored underwear had been pulled down.
• I saw that the pink neat shorts had been pulled down.
• I saw that the underage girl’s abdomen and vagina (female genitals) were visible.
• I saw that the underage girl was naked in the photo.
• I saw that the underage girl was holding the yellow colored top/bra in front of her face with both hands.
3. The statement of the victim [victim 3], born on [date of birth victim 3] 2011, insofar as it contains, stated briefly and succinctly: 42
Q= I am going to show you a picture. Who is the person in the picture?
A= (Getuige feels embarrassed) Isn’t that my mask? That is me in the picture. That was at school.
Q= Who took the picture?
A= Miss [suspect].
Q= How come you was smiling in the picture?
A= It’s she! She forced me to smile.
Q= Did miss [verdachte] told you why she wanted to take a picture of your vagina and
titties?
A= No. She forced me to take them off. She does hit me on my hand.
4. The testimony of [witness 1], containing, briefly and concisely stated: 43
Photos of document code [document code] was shown to the witness.
Q=Can you tell me who you recognize the person as on the picture?
A=That’s my [slachtoffer 3].
Q=Who are you referring to when you say [slachtoffer 3]?
A=I am referring to [slachtoffer 3].
5. The photo with document code [document code].
6. The statement of the victim [victim 4], insofar as it contains, briefly and succinctly stated: 44
Q= Did Miss [verdachte] ever took pictures of you?
A= Yes
Q= What type of pictures did she take of you?
A= She took pictures of my vagina and my butt.
7. The official report of findings, description of two photos, insofar as they contain, briefly and succinctly reproduced: 45
When reading the suspect’s mobile phone, two photos with an image of a female genital organ were found. I, reporting officer, took said photos to the pediatrician [pediatrician] for assessment on Friday, April 16, 2021.
He stated the following about the photos:
Photo #1: Child with underwear pushed aside: showing early puberty stage.
The photos mentioned above were viewed by me, the reporting officer. I, officer, saw the following:
PHOTO 1
• I saw a female genitalia with underwear pushed aside.
• I saw that it concerns a black/white or dark blue striped underwear.
• I saw that the underwear is held to the side with four (4) fingers.
8. The statement of the suspect, insofar as it contains: 46
The pictures were on my phone. I made these myself.
Evidence statement
The Court deems – on the basis of the evidence presented above and the further evidence considerations, legally and convincingly proven that the accused committed the charges under 1 to 6 inclusive, on the understanding that:
1Primary
they several times, at least once, (each time) in or around the period from January 1, 2018 to April 31, 2020 in Sint Maarten , by force or (an) other fact(s) and/or by threats of violence or ( a ) other de facto ( i ) d (and) [victim 1], born on [date of birth victim 1] 2009, forced a minor entrusted to her care and /or education and/or vigilance to undergo (a) act ( and ) that (also ) consisted ( and ) of the sexual penetration of the body of that [victim 1], having said that she, the accused,
– put her tongue in the vagina of that [victim 1] and/or pushed and/or held it, and /or
– licked/sucked over and /or around the vagina and /or labia of that [victim 1] one or more times , and /or
– stroked, felt and /or touched the vagina and /or labia of that [victim 1] with her fingers/hand(s) one or more times , and consisting of that other fact and in this that suspect, ( every time ) intentionally,
– who brought [victim 1] to her, suspect’s, bedroom and /or
– which [victim 1] has turned around and /or ( then )
– has taken off the clothing and /or underwear of that [victim 1] and /or
– has spread and /or held open the legs of that [victim 1] and /or
– said to [victim 1] “you know you like it”, while that [victim 1] covered her face with her hand ( s ) , and /or
– who ordered/sold [victim 1] to open her, suspect’s vagina
lick/suck and /or
– brought her, suspect’s, vagina to the mouth of [victim 1] and /or
has been sucked/licked by that [victim 1] and /or
– has gone beyond the verbal and/or non-verbal signals of
protest/resistance from that [victim 1] and /or
– the aforementioned actions systematically/long-term against those [victim 1] has
committed while she was a minor and /or ( while )
– who [victim 1] by her, suspect’s, psychological and physical dominance as
( entrusted ) adult person and/or caregiver, has at her will
subject and /or
– has abused the information arising from actual relationships
predominance as an ( entrusted ) adult person and /or caretaker of that person
[victim 1] and /or (thereby) made use of the resulting
resulting dependency situation of that [victim 1] in relation to
suspect and /or
– (thus) for that [victim 1] an intimidating, oppressive and /or
has created a threatening situation in which they do not comply
could withdraw the aforesaid acts;
2primary
she several times, at least once, (each time) in or around the period from December 1, 2018 to January 31, 2020 in Sint Maarten , in her, suspect’s home, ([address]), by force or (an) other factual (i)d(s) and/or threat of violence or ( an ) other factual ( i ) d (s) [victim 3], born on [date of birth victim 3] 2011, one of her care and /or education and/ or vigilance of a minor, forced to commit and/or tolerate one or more lewd acts( and ) , consisting of fornication in that she, the accused,
– has touched/touched the breast(s) of that [victim 3] one or more times with her fingers/hand(s) and /or
– has sucked the breast(s) of that [victim 3] one or more times and /or
licked and /or
– has taken pictures of the vagina, at least the (bare) body of that [victim 3] and which violence or other fact(s) and/or which threat of violence or that other fact ( i ) d ( and) it has /have consisted in this that they, the suspect, (each time) intentionally,
– at the moment that [victim 3] screamed; held/closed the mouth of [victim 3] and /or said “shhhh” to her, at least words of a similar nature or meaning and /or told [victim 3] to keep quiet and or shut her mouth keep, at least words of a similar nature or intent and/or
– who hit [victim 3] on her hands and/or
– committed the aforementioned act(s) (suddenly) while [victim 3] was sleeping and /or
– has gone beyond the verbal and /or non-verbal signals of
protest/resistance from that [victim 3] and /or
– the aforementioned actions systematically/long-term against those [victim 3] has
committed while she was a minor and /or (while)
– who [victim 3] by her, suspect’s, psychological and physical dominance as
(entrusted) adult person and /or caregiver, has at her will
subject and /or
– has abused the information arising from actual relationships
predominance as an (entrusted) adult person and /or caretaker of that person
[victim 3] and/or (thereby) made use of the resulting dependency situation of that [victim 3] in relation to the suspect and /or
– (thus) for that [victim 3] an intimidating, oppressive and/or
has created a threatening situation in which they do not comply
could withdraw the aforesaid acts;
3Primary
they several times, at least once , (each time) in or around the period from December 1, 2018 to January 31, 2020 in Sint Maarten , together and in association with another person or others , at least alone, in the home of [co-defendant] ([ address of co-defendant]),
by violence or (an) other fact(s) and/or threat of violence or ( an ) other fact ( s ) d (s) [victim 3], born on [date of birth victim 3] 2011, a entrusted a minor to her care and /or education and/or vigilance, to undergo (an) act ( s ) which (also) consisted ( s ) of sexually penetrating the body of that [victim 3], having suspect (every time)
– put her tongue in the vagina and /or the anus of that [victim 3] and/or pushed and/or held it, and /or
– licked/sucked over and/or around the vagina and /or labia and /or buttocks/anus of that [victim 3] one or more times, and /or
– one or more times with her fingers/hand(s) stroked, felt and /or touched the vagina and /or labia and /or the buttocks/anus of that [victim 3] and /or and existing that other factual ( i ) d (and) in this that she, the suspect and/or her co-perpetrators (each time) intentionally,
– who forced/ordered and /or told [victim 3] to pose and /or do a show and /or pose completely or partially naked and /or
– who forced/ordered and /or told [victim 3] to take off her clothes and /or
– who forced/ordered and/or told [victim 3] to lick and/or suck her, suspect’s vagina and/or
– carries out the aforementioned act in the presence of one or more adult persons
committed and /or
– the aforementioned actions systematically/long-term against those [victim 3] has
committed while she was a minor and /or (while)
– that [victim 3] by her, the suspect and/or her co-perpetrator ( s ) , psychologically and
physical superiority as (entrusted) adult perso (o) n ( en ) and /or
caretaker ( s ) , subjected to her will and /or
– has abused the information arising from actual relationships
predominance if (entrusted) adult person (s) n ( s ) and /or caregiver ( s ) of that [victim 3] and /or (in doing so) has made use of the resulting dependency situation of that [victim 3] in relation to suspect and /or her co- perpetrator ( s ) and/or
– (thus) for that [victim 3] an intimidating, oppressive and/or
has created a threatening situation in which they do not comply
could withdraw the aforesaid acts;
4Primary
they are in Sint Maarten in or about the period from 1 January 2018 to 31 December 2019 ,
by violence or (an) other fact(s) and/or threat of violence or ( an ) other fact ( s ) d (s) [victim 2], born on [date of birth victim 2] 2010, one of has forced a minor entrusted to her care and /or education and /or vigilance to commit and/or tolerate one or more indecent act ( s ) , consisting of those indecent acts in which she, the suspect,
– has touched/touched the breast(s) of that [victim 2] one or more times with her fingers/hand(s) and /or
– sucked and /or licked the breast(s) of that [victim 2] one or more times and /or
– once or several times with her fingers/hand(s) has stroked/ touched/touched and/or pinched the (lined) vagina of that [victim 2] ,
and consisting that violence or that other fact ( s ) and /or that threat of violence or those other fact(s) consists of, that they, the suspect,
– who approached [victim 2] from behind and /or
– who clamped / pinned [ victim 2] against a wall and /or
– (suddenly) tried to pull down the pants of that [victim 2] and /or
– (suddenly) pulled up the shirt/blouse of that [victim 2] and /or
– who [victim 2] by her, suspect’s, psychological and physical dominance as
(entrusted) adult person, subjected to her will and /or
– (thus) created an intimidating, oppressive and/or threatening situation for [victim 2] in which she could not avoid the aforementioned actions;
5Primary
they several times, at least once, (each time) in or around the period from January 1, 2017 to December 31, 2019 in Sint Maarten , together and in association with another person or others, at least alone,
by violence or (an) other fact(s) and/or by threat of violence or ( an ) other fact ( s ) d (s) [victim 4], born on [date of birth victim 4] 2010, a has forced a minor entrusted to her care and /or training and /or vigilance to undergo (an) act ( s ) which ( also ) consisted ( and ) of sexually penetrating the body of that [victim 4], having she, suspect,
– put and/ or pushed and/or held her fingers in the vagina of that [victim 4] , and /or
– one or more times with her fingers/hand(s) pressed/pressed against the vagina and /or labia of that [victim 4] and /or
– one or more times with her fingers/hand(s), has touched/touched and /or caressed the vagina and /or labia of [victim 4] and /or
– touched/touched the breast(s) and /or buttocks of [victim 4] one or more times with her fingers/hand(s) and /or
– has sucked the breast(s) of that [victim 4] one or more times and /or
licked,
and consisting of those other facts in that they, the accused, (each time) intentionally,
– the aforementioned act ( s ) systematically/long-term against that [victim 4] has
committed while she was a minor and /or (while)
– who [victim 4] by her, suspect’s, psychological and physical dominance as
(entrusted) adult person and /or caregiver, has at her will
subject and /or
– has abused the information arising from actual relationships
predominance as an (entrusted) adult person and /or caretaker of that person
[victim 4] and /or (thereby) made use of the resulting
resulting dependency situation of that [victim 4] in relation to
suspect and /or
– (thus) created an intimidating, oppressive and/or threatening situation for [victim 4];
6.
they in or about the period from December 1, 2018 to April 7, 2021 in Sint Maarten , together and in association with another or others, at least alone,
one or more times an image and/or a data carrier, namely telephone (brand: Samsung [brand]), containing one or more image(s) of (a) sexual behavior(s) , in which (each time) one or more person( s) o)n(s) apparently not yet eighteen years of age involved or apparently involved, namely,
– one or more photos of [victim 3], born on [date of birth victim 3] 2011, a minor entrusted to her care and /or education and /or vigilance, who poses/stands wholly or partially naked, whereby the camera angle expressly one or more image(s) and/or the cutout of one or more images showing the bare/ bare vagina and /or breasts, or at least the genitals of that [victim 3], (whereby) that [victim 3] in consecutive images poses with:
– an open blouse and a blue-colored skirt that reaches to her knees
has been pulled down and /or
– (then) pulled to the floor or feet and /or
– pink shorts that are pulled down to her knees and /or
– a pink underwear that she, [victim 3], is holding with both hands and /or
(then) pulled down
and / or
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Search result – view documentECLI:NL:OGEAM:2022:52
Body
Court of First Instance of Sint Maarten
Date of judgment
07-07-2022
Date of publication
15-07-2022
Case number
SXM2021189 – 100.00164/21
Jurisdictions
Criminal law
Special characteristics
First instance – single
On contradiction
Content indication
vice case. Multiple, very young, victims. The children came to the suspect’s home and also slept there. There were multiple completed rapes (one in association) over a long period of time and two assaults. Using circuit proof, which reveals a specific modus operandi and context. The Court considers the statements of the various victims to be reliable, they find support in each other and in other evidence. The Court does not consider it plausible that the suspect acted under pressure or coercion from the co-defendant (invoking psychological force majeure). In addition to these facts, images with child pornography were found on the suspect’s phone. Sentenced to 13 years in prison.
Locations
Rechtspraak.nl
Enhanced pronunciation
Pronunciation
Parquet number: 100.00164/21
Verdict: July 7, 2022
Contradiction
Judgment of this Court
in the criminal case against the accused:
[suspect],
born on [date of birth] 1987 in [place of birth],
address: [address],
currently detained.
Investigation of the case
The investigation in open court took place on 23 June, 18 August and 1 December 2021 and 16 March and 16 June 2022. The suspect appeared each time, assisted by her counsel, mr. SDM Roseburg, lawyer in Sint Maarten .
During the hearing, the Public Prosecutor, mr. G. Steeghs, demanded that the Court of First Instance declare the charges under 1 primary, 2 primary, 3 primary, 4 primary, 5 primary and 6 charged as proven and will sentence the suspect for this to a term of imprisonment of 10 years, less pre-trial detention. His claim also includes the withdrawal from circulation of the seized images that concern child pornography. The public prosecutor requests that the claims of the injured parties be allowed.
Counsel has argued that the suspect will be acquitted of the charges under 1 to 5 inclusive and that the claims of the injured parties should be rejected and has defended the criminal offense with regard to the charges under 6 .
Lawyer G. Hatzmann appeared at the hearing on behalf of the injured parties [victim 1] and [victim 2]. The injured parties wish to join the criminal proceedings.
Indictment
The accused has been charged with the facts stated in the claim for amendment of the indictment admitted by the Court of First Instance and attached to this judgment.
Formal preliminary questions
The Court finds that the writ of summons is valid, that it has jurisdiction to hear the case, that the prosecution is admissible in its prosecution and that there are no grounds for suspension of the prosecution.
Evidence considerations with regard to facts 1 to 4
Position of the public prosecutor
The Public Prosecutor considers it legally and convincingly proven that the accused committed the charges 1 primary, 2 primary, 3 primary, 4 primary, 5 primary and 6. He bases this on the various declarations, which mutually support each other, and on the specific modus operandi of the suspect. Defendant confesses to having committed count 6.
Defense position
The defense requests that the suspect be acquitted of counts 1 and 5, because the victim did not stay with the suspect during the indictment period. In addition, the statements of the victims are variable and not reliable, and there remains too little evidence for counts 1, 2, 3, 4, and 5. For count 6, a conviction may follow.
The judgment of the Court
Reliability statements victims
The Court considers the victims’ statements to be reliable for the following reasons.
The victims were all interviewed by the police, and some time later again by the examining magistrate. In essential respects, the latter statements correspond to what they have stated earlier. Furthermore, the statements made to the police and the examining magistrate correspond to what some victims have told third parties.
What further contributes to the reliability, and precisely contradicts the fact that things are coordinated and agreed upon, is the fact that the actions do not correspond one to one. For example, [victim 2] states that she was abused once by the suspect and that this was only an assault. The other victims state that there have been multiple completed rapes.
In addition, the details mentioned by the victims also contribute to the reliability. A good example is [Victim 1] who states that the oral sex by the Defendant sometimes hurt because of the tongue piercing that the Defendant was wearing, or [Victim 2] who states that Defendant had told her that [Victim 2]’s breasts would grow if the suspect sucked on it. In the opinion of the Court of First Instance, it is hard to imagine that the young victims made up these details, but that they explain about these details because they experienced this themselves or otherwise experienced it.
In addition, many parts of the statements are supported by other evidence. For example, the suspect stated that she was indeed wearing a tongue piercing. Three victims also stated that they slept in the suspect’s bedroom, sometimes in her bed and sometimes on a sofa bed. These statements are supported by the statement of the suspect, who stated that she had purchased a sofa bed for when the girls stayed the night. Furthermore, two victims stated that the suspect took pictures of them. Photos of one of these victims were actually found on the suspect’s phone.
Finally, the statements also find mutual support. An example of this is that some victims declare to each other that they have seen each other at the suspect’s home. This has been confirmed by the suspect himself.
A reason for the victims to lie or falsely accuse the suspect has not surfaced. All in all, the Court sees no reason to doubt the statements of the young victims.
Evidence minimum and switching certificate
In rape cases, the situation often arises when there are no witnesses. That is also the case in the charges referred to under 1 to 5. In order to comply with the minimum evidence rule, which means that the evidence that the suspect has committed the charged offense cannot be assumed solely on the testimony of one witness, the mere statement of the declarant is insufficient to arrive at a finding of evidence. In case the suspect denies the facts, the latter must find sufficient support in other evidence. It follows from case law of the Supreme Court, however, that this provision relates to the indictment in its entirety, so that not every part of the indictment, including the core of the criminal conduct, requires double confirmation.
Furthermore, statements by declarants can find support in each other, in other (the auditu) statements or other supporting evidence, which, taken separately, might not be regarded as evidence.
In addition, according to established case law, it is permitted to use evidence based on other proven, similar facts as supporting evidence (linking evidence). The acts underlying the fact to be proved and the other facts are then so similar that the proof of the first fact may be deduced from the similarity with the other facts. The evidential value of the evidence then lies in the similar modus operandus, both with regard to the behaviors and with regard to the context in which the behaviors were performed. The proof of one fact is then partly the reason for the other fact.
On the basis of the evidence, the Court finds that from the statements of the victims [victim 3], [victim 2], [victim 1] and [victim 4] about the nature of the acts performed on them by the suspect (oral sexual acts fingering, taking pictures and/or sucking on breasts), the locations where these were performed and their relationship to the suspect (they were all students at the school where the suspect worked) a recognizable specific modus operandi and context can be deduced . The suspect received the victims, all girls between 5 and 11 years old at the time of the offenses and who were in an unstable home situation, in her home. She gave homework support or did their hair. The victims slept in the suspect’s home, sometimes in her bed and sometimes on a separate sofa bed. In the case of [Victim 2] and [Victim 3], the abuse (also) took place at a school, where the Defendant worked. [Victim 3], [Victim 2] and [Victim 4] all declare that the Defendant sucked on the breasts. [Victim 1] does not explain this, but [Victim 3] did see that the Defendant also suckled on her breasts. Both [victim 3] and [victim 4] state that (nude) photos were taken of them.
Because the suspect has a recognizable, specific modus operandi, the Court is of the opinion that the evidence underlying the abuse committed by the suspect of one victim can serve as linking evidence for the alleged abuse of the other victims.
compulsion
In order to arrive at a proven fact of the offenses primarily charged under 1 to 5, it must be established that the suspect forced the victims to undergo these acts through violence or another fact or through threats of violence or another fact. that (partly) consisted of sexually penetrating their bodies.
On the basis of the file and the proceedings at the hearing, the Court of First Instance is of the opinion that there was no question of violence or threats of violence. The question remains whether there were ‘other facts’ as a result of which the suspect forced the victims to undergo the alleged sexual acts.
By ‘factuality’ is meant a behavior that is suitable to force someone to do what is required of him or her. It follows from settled case law that in that regard it must be established whether the accused deliberately exerted such psychological pressure or placed the victim in such a position of dependence that he could not resist those acts. Coercion by a factual fact can also be spoken of if the suspect has brought the victim into a (threatening) situation, intentionally caused by him, that it was difficult for the victim to withdraw from those acts.
Particularly when it comes to dependent and vulnerable persons, in practice the other fact is often described as the abuse of a certain predominance, as the exertion of psychological pressure, or as the abuse of a dependent relationship.
Unlike counsel, the Court of First Instance considers that the coercion charged has been proven. Although there is no question of violence, the file does show other facts that resulted in an intimidating, oppressive and threatening situation for them through the actions of the suspect, against which they could not (adequately) defend themselves. The victims were girls between the ages of 5 and 11. They often stayed with her for longer periods and, especially in view of the young age, were dependent on the care of the suspect. Moreover, it was difficult for the young victims to withdraw from the situation. The suspect worked at the school where the victims attended. The victims were repeatedly brought to the suspect, despite the fact that some of them indicated that they no longer wanted to go there.
Fact 2 and 3: the same fact?
With regard to counts 2 and 3, the counsel argued that these facts should have been combined into one fact, because this could lead to a double punishment in the event of a statement of fact. The Court does not agree with this. Fact 2 is about sexual assault, while fact 3 is about co-perpetrating rape. Moreover, the actions described in facts 2 and 3 do not correspond.
Fact 5: Complicity
Unlike the public prosecutor, the General Court is of the opinion that the element of co-perpetration in count 5 cannot be proven, because according to the indictment all (actual) acts were performed only by the suspect. This is apparent from the words “having they, suspect”.
Fact 5: Sexual intrusion into the body
The Supreme Court ruled in its judgment of 18 May 2010 (ECLI:NL:HR:2010:BK6910) that apparently less serious forms of intrusion into the body with a sexual intent can also be experienced as significant harm to physical integrity and that can be as hurtful as forced intercourse.
On the basis of the statement of [victim 4] (fact 5) ” She would also try to put her finger in my pussy but it would hurt a lot” , the Court is of the opinion that the abuse of [victim 4] there was talk of sexually penetrating her body, as charged. The fact that the victim states that it hurt shows that the suspect has entered the vagina with her finger.
Evidence
The Court of First Instance bases its conviction that the accused committed what has been declared proven on the facts and circumstances contained in the evidence set out below and which are grounds for the finding of evidence. 1
For the sake of clarity of this judgment, it has been decided to list the means of evidence separately for each fact. As a result, some means of evidence – which serve as linking evidence – are named twice.
Fact 1 – Victim [Victim 1]
- The statement of the victim [victim 1], insofar as it contains, briefly and succinctly stated: 2
I started to go by Miss [verdachte]’s home when I was in group 6, that would mean I was between 9 or 10 years old. Miss [verdachte] used to help me with my homework. [verdachte] is her school name. Her real name is [verdachte].
Then sometimes when I would finish my homework. She use to take off my clothes while I was on the bed with the computer. And she use to take off my underwear and use her tongue by my private part. Sometime this would go on a lot.
Q= What do you mean by your private part?
A= My vagina.
Q= How many times did Miss [verdachte] put her tongue on your private part?
A= A lot of times. This would have happened every weekend that I would be there.
Q= Where exactly would she put her tongue?
A= In my vagina.
A= I would be on my belly on the laptop. And she would turn me around and take off my
underwear and spread my legs open on the bed. When she would do it with her tongue. I would cover my face and she would say ” You know you like it”
Q= How would she stop doing it to you?
A= She would just stop when she feels like it. I never told her anything because I was to
scare to say anything.
Q= When was the last time that you went to miss [verdachte]’s home to do homework?
A= Sometime before Corona came to this country I stopped, I don’t know the exact time
that I stopped going by Miss [verdachte].
Q= Did it ever hurt you when Miss [verdachte] would do that to you?
A= Sometimes because she had a tongue piercing.
Q=Did you ever do it to her?
A= Yes because she would force me to do it.
Q= Where would her hands be when she is putting her tongue in your vagina?
A= Sometimes on my legs or by my vagina holding it open.
Q= Where would you sleep?
A= I would sleep in her room with her on her bed.
Q= Do you know of anyone else that Miss [verdachte] did the same things too?
A= Yes, a girl by the name of [slachtoffer 2].
Q= How do you know that something similar also happened to [slachtoffer 2] by Miss [verdachte]?
A= While I was telling them what happened to me [slachtoffer 2] cut me off and said that Miss [verdachte] did the same thing to her.
- The statement of the victim [victim 1], made to the examining magistrate, insofar as it contains, briefly and succinctly stated: 3
I just to go by her for help with my homework. She used to take me up in her room, take of my clothes and put her tongue in my private part. That went on for a long time. Until I was like 10. It started when I was in group 5 and 6. She used her fingers by my private parts. The same thing she did with her tongue.
- The statement of the victim’s mother, [victim’s mother 1], insofar as it contains, briefly and succinctly stated: 4
My daughter [victim 1] is born on the [date of birth victim 1] 2009.
Q=What was [verdachte]’s role in sexually abusing your daughter?
A=Her role was, my daughter used to go by her to get her hair comb and also for her
to help her with her Dutch. Based on what my daughter told me [verdachte] performed oral
sex on my daughter. She sucked my daughter’s vagina.
Q=How many times did this happened between [verdachte] and your daughter?
A= My daughter told me that it happened more than once. She would sleep there for the weekend.
- The statement of the suspect, insofar as it includes: 5
The girls [victim 1], [victim 3] and [victim 4] have been at my house. They stayed the night and slept in my bed. Sometimes I had a separate sofa bed. I had a tongue piercing before the pandemic.
- The statements of the victim [victim 3], born on [date of birth victim 3] 2011, insofar as they contain a brief and concise statement 6
Q= Do you know of anyone else that Miss [verdachte] did the same things too?
A= Yes. [slachtoffer 4] and [slachtoffer 1]. Miss [verdachte] told me that I would come back. She told me she did it to [slachtoffer 4] and [slachtoffer 1]. I had catch her too sucking their titties.
Q= When I asked you the last time if you knew anybody else that miss [verdachte] did it to you told me [slachtoffer 4] and [slachtoffer 1].
A= I saw miss [suspect] sucking [victim 1] and [victim 4]’s titties.
Q= What was [slachtoffer 1] and [slachtoffer 4] doing when miss [verdachte] was doing that to them?
A= I don’t remember. They were naked.
Miss [verdachte] used to force me to make a show for them. [medeverdachte] would suck my vagina and my butt and miss [verdachte] also. They both will do it together on me. It would be me, [slachtoffer 4], [slachtoffer 1] and other girls also but I don’t know them. They would pick and choose who they want and the rest they would put outside the room to wait.
- The statement of [victim 3] to the examining magistrate, insofar as it contains, briefly and succinctly stated: 7
It was in [locatie 1]. Me, [slachtoffer 1] and [slachtoffer 4] were there. We had to show our bodies. This would happen more times.
- The testimony of [witness 1], containing, briefly and concisely stated: 8
A=[slachtoffer 3] is the one who told me everything.
Q=Who are you referring to when you say [slachtoffer 3]?
A=I am referring to [slachtoffer 3].
Q=What exactly did [slachtoffer 3] tell you?
A=[slachtoffer 3] told me that [naam 1] they does call all of us. We have to call each other sisters. We does have to line up in front of the bed. We does have to strip and take
off our clothes. [slachtoffer 3] told me that somehow she always ends up with [verdachte]. [slachtoffer 3] said that she would always end up by [verdachte] side. She said that they will give them something to smoke and then a tablet to make them happy. After that they will start fingering the girls and sucking their vagina. They would then end up on the bed until everything is over. She also mentioned that she used to suck Miss [verdachte] vagina.
- The statement of [victim 5], insofar as it contains, briefly and succinctly stated: 9
It was also happening to my younger sister [slachtoffer 1].
V= How do you know it happened to her too?
A= She told me and my mother. It happened to her when she was 5 or 6 years old.
She is now 12. She made 12 yesterday.
V= What did she tell you?
A= She told me that [verdachte], who is a teacher at her school molested her.
V= How was [slachtoffer 1] when she told you?
A= She seemed scared. From time to time we would cry at night because it would
haunt us.
- The statement of the victim [victim 5], made to the examining magistrate, insofar as it contains, briefly and succinctly stated: 10
[slachtoffer 1] would cry at night, so I would ask her what happened to her. She said she got molested by [verdachte] and that [verdachte] tried to make a picture of her in school. She also told me one of her friends was molested too by [verdachte].
- The statement of the victim [victim 2], made to the examining magistrate, insofar as it contains, briefly and succinctly stated: 11
Miss [verdachte] was coming from behind and started feeling me all kind of places. I was feeling uncomfortable, but I couldn’t do anything about it, because I was in a position where I didn’t know what to do. She lift up my shirt and tell me if she sucked my nipples it would make it grow. She sucked my nipples. It was only once.
I told what had happened and [slachtoffer 1] tell me that the same thing happened to her.
Fact 2 – Victim [Victim 3]
- The statements of the victim [victim 3], born on [date of birth victim 3] 2011, insofar as they contain, stated briefly and to the point: 12
Q= Did miss [verdachte] ever touched you in places that she shouldn’t have?
A= Yes.
Q= Where?
A= My titties. She had tell me to take of my clothes. I told her no. She then forced me to do it. Then is when she touched me on both my titties. She was like groping them. I was trying to stop her by moving her hands and I was also screaming. She was telling me not to scream.
Q= Besides touching your titties, did she do anything else to your titties?
A= Yes. She sucked them. When I screamed she told me shhhh. She also sucked them
while I was sleeping. I would scream and she would tell me to be quiet.
Q= When miss [verdachte] was sucking your titties what did you feel?
A= A little pain.
Q= How long ago did miss [verdachte] did this to you?
A= The last time I was by miss [verdachte] was during the lockdown.
- The statement of the victim [victim 3] to the examining magistrate, insofar as it contains, briefly and succinctly stated: 13
It was in [locatie 1]. Me, [slachtoffer 1] and [slachtoffer 4] were there. We had to show our bodies. This would happen more times. She would suck my breast and private part.
- The statement of the victim’s mother, [victim mother 3], containing, briefly and succinctly stated: 14
A= My daughter started staying at Miss [verdachte] from December 2018 throughout the year 2019, because I was at work. Also during the lockdown period for the corona.
- The statement of the victim [victim 2], made to the examining magistrate, insofar as it contains, briefly and succinctly stated: 15
Miss [verdachte] was coming from behind and started feeling me all kind of places. I was feeling uncomfortable, but I couldn’t do anything about it, because I was in a position where I didn’t know what to do. She lift up my shirt and tell me if she sucked my nipples it would make it grow. She sucked my nipples.
I told what had happened and [slachtoffer 1] tell me that the same thing happened to her.
- The statement of the victim [victim 4], born [date of birth victim 4] 2010, insofar as it contains, briefly and succinctly stated: 16
When I started to go by Miss [verdachte] I think I was around 6 or 7 years old. Miss [verdachte] use to squeeze my breast. She also sucked on my breast.
Q= Who all was staying by Miss [verdachte] home when you were there?
A= Only Miss [verdachte], her mother and [slachtoffer 3] would be there.
- The testimony of [witness 1], containing, stated briefly and succinctly: 17
A=[slachtoffer 3] is the one who told me everything.
Q=Who are you referring to when you say [slachtoffer 3]?
A=I am referring to [slachtoffer 3].
Q=What exactly did [slachtoffer 3] tell you?
A=[slachtoffer 3] told me that [naam 1] they does call all of us. We have to call each other
sisters. We does have to line up in front of the bed. We does have to strip and take
off our clothes. [slachtoffer 3] told me that somehow she always ends up with [verdachte]. [slachtoffer 3] said that she would always end up by [verdachte] side. She said that they will give them something to smoke and then a tablet to make them happy. After that they will start sucking their vagina and their breasts. They would then end up on the bed until everything is over.
- The statement of the suspect, insofar as it contains: 18
The girls [victim 1], [victim 3] and [victim 4] have been at my house. They stayed the night and slept in my bed. Sometimes I had a separate sofa bed.
Fact 3 – Victim [Victim 3]
- The statements of the victim [victim 3], born on [date of birth victim 3] 2011, insofar as they contain, stated briefly and succinctly: 19
Q= When I asked you the last time where all miss [verdachte] touched you, you told
me your titties. Is that the only place she touched you?
A= No. my p-u-s-s-y and my b-o-o-t-y. (getuige spelled it out). She played with them.
She was sucking my pussy, she was putting her fingers in my pussy and she was
playing with my pussy. She did the same with my booty.
Miss [verdachte], [medeverdachte] used to force me to make a show for them. Sometimes the wife [vrouw medeverdachte] used to be there. [medeverdachte] would suck my vagina and my butt and miss [verdachte] also. They both will do it together on me. It would be me, [slachtoffer 4], [slachtoffer 1] and other girls also but I don’t know them. They would pick and choose who they want and the rest they would put outside the room to wait.
Q= Describe the bedroom.
A= The color is blue. Next to the bed he has a small little table. He had a man standing up with a knife in his hand and it is black and with. He had speakers. It has two knives on the wall. He has a big big bigggg TV.
- Photos of co-defendant [co-defendant]’s bedroom: 20
- The statement of the victim [victim 3] to the examining magistrate, insofar as it contains, briefly and succinctly stated: 21
It was in [locatie 1]. Me, [slachtoffer 1] and [slachtoffer 4] were there. We had to show our bodies. This would happen more times. She would suck my breast and private part. This has happened 5 times.
- The statement of the victim’s mother, [victim mother 3], containing, briefly and succinctly stated: 22
A= My daughter started staying at Miss [verdachte] from December 2018 throughout the year 2019, because I was at work. Also during the lockdown period for the corona.
- The statement of the victim [victim 1], made to the examining magistrate, insofar as it contains, briefly and succinctly stated: 23
She used to take me up in her room, take of my clothes and put her tongue in my private part. That went on for a long time. Until I was like 10. It started when I was in group 5 and 6. She used her fingers by my private parts. The same thing she did with her tongue.
- The statement of the victim [victim 4], born [date of birth victim 4] 2010, insofar as it contains, briefly and succinctly stated: 24
When I started to go by Miss [verdachte] I think I was around 6 or 7 years old.
Q= Did Miss [verdachte] ever touch your pussy?
A= Yes she did, she always did this to me when I am laying down by passing her hand over
my pussy. She would also try to put her finger in my pussy.
Q= Did Miss [verdachte] ever touched your butt?
A= Yes she did. She would just hold/ squeeze my butt.
Q= Who all was staying by Miss [verdachte] home when you were there?
A= Only Miss [verdachte], her mother and [slachtoffer 3] would be there.
- The testimony of [witness 1], containing, briefly and concisely stated: 25
A=[slachtoffer 3] is the one who told me everything.
Q=Who are you referring to when you say [slachtoffer 3]?
A=I am referring to [slachtoffer 3].
Q=What exactly did [slachtoffer 3] tell you?
A=[slachtoffer 3] told me that [naam 1] they does call all of us. We have to call each other
sisters. We does have to line up in front of the bed. We does have to strip and take
off our clothes. [slachtoffer 3] told me that somehow she always ends up with [verdachte]. [slachtoffer 3] said that she would always end up by [verdachte] side. She said that they will give them something to smoke and then a tablet to make them happy. After that they will start fingering the girls and sucking their vagina. They would then end up on the bed until everything is over. She also mentioned that she used to suck Miss [verdachte] vagina.
- The statement of the suspect, insofar as it contains: 26
The girls [victim 1], [victim 3] and [victim 4] have been at my house. They stayed the night and slept in my bed. Sometimes I had a separate sofa bed.
Fact 4 – Victim [Victim 2]
- The statement of the victim [victim 2], born on [date of birth victim 2] 2010, containing, briefly and succinctly stated: 27
Q= Tell me as to why you are here today.
A= The ending of school year 2019. I think it was summer break, we had to close the
shutters in the school. Miss [verdachte] called me to help her with a classroom. I was alone with her.
When I was closing the last shutter, she came behind of me and she started to feel places
on my body that she wasn’t supposed to. Which is my breasts area and my vagina area. I
don’t even know why she was touching me by my breast area because I didn’t have any
breast then. I was flat. She even lifted my shirt and started to suck on my little nipples. With my vagina she was just touching me up sexually and I just froze. I didn’t know what to do. I was scared.
Q= Did she tell you anything when she was touching you?
A= She told me that it will make my breasts grow and to don’t tell anybody. She sucked on
my nipples for about 15 minutes I would think. She tried to pulled down my pants to do more but she heard someone coming up the stairs to go to the class next door so she wrapped it up fast.
Q= Why would you be scared?
A= Yes. I was very scared. She had me kind of pinned against the wall. I didn’t want to
scream or anything because I didn’t know if she would hold my mouth or threaten me.
Q= What exactly did she do to your vagina?
A= She was feeling it up and like kind of squeezing it but not like squeezing it. I don’t know
how to explain. Like you trying to soften up a lemon type of way.
Q= How old was you then?
A= I was 9 years old.
- The statement of the victim [victim 2], made to the examining magistrate, insofar as it contains, briefly and succinctly stated: 28
Miss [verdachte] was coming from behind and started feeling me all kind of places. I was feeling uncomfortable, but I couldn’t do anything about it, because I was in a position where I didn’t know what to do. She lift up my shirt and tell me if she sucked my nipples it would make it grow. She sucked my nipples. It was only once.
I told what had happened and [slachtoffer 1] tell me that the same thing happened to her.
- The statement of the victim’s mother, [victim’s mother 2], insofar as it contains, briefly and succinctly stated: 29
Q=What exactly happened?
A= It was the last days of school just before the summer vacation in 2019. This incident happened after school hours. The reason why she was in school so late because she would come home with the neighbor who also works at the school. [verdachte] asked [slachtoffer 2] to come with her to help close the classroom windows. My daughter told me that [verdachte] started to touch her inappropriate places. She touched her in her chest area.
Q=How many times did this happened?
A=just that one time. I then told my daughter to don’t be alone with her again.
- The statement of the victim [victim 1] to the examining magistrate, insofar as it contains, briefly and succinctly stated: 30
[slachtoffer 2] had tell me what Ms [verdachte] had do to her, and then I had tell her what Ms [verdachte] had do to me.
- The statement of the victim [victim 3] to the examining magistrate, insofar as it contains, briefly and succinctly stated: 31
She would suck my breast.
- The statement of the victim [victim 4], born [date of birth victim 4] 2010, insofar as it contains, briefly and succinctly stated: 32
When I started to go by Miss [verdachte] I think I was around 6 or 7 years old. Miss [verdachte] also use to squeeze my breast. She also sucked on my breast.
Q= Did Miss [verdachte] ever touch your pussy?
A= Yes she did, she always did this to me when I am laying down by passing her hand over
my pussy. She would also try to put her finger in my pussy.
Fact 5 – Victim [Victim 4]
- The statement of the victim [victim 4], born [date of birth victim 4] 2010, insofar as it contains, briefly and succinctly stated: 33
When I started to go by Miss [verdachte] I think I was around 6 or 7 years old. Miss [verdachte] also use to squeeze my breast. She also sucked on my breast.
Q= Did Miss [verdachte] ever touch your pussy?
A= Yes she did, she always did this to me when I am laying down by passing her hand over
my pussy. She would also try to put her finger in my pussy but it would hurt a lot and I
don’t like them things.
Q= Did Miss [verdachte] ever touched your butt?
A= Yes she did. She would just hold/ squeeze my butt.
Q= Who all was staying by Miss [verdachte] home when you were there?
A= Only Miss [verdachte], her mother and [slachtoffer 3] would be there.
- The statement of the victim [victim 4], made to the examining magistrate, insofar as it contains, briefly and succinctly stated: 34
Miss [verdachte] used to touch my private part, my behind and my boobs.
- The statements of the victim [victim 3], insofar as they contain, briefly and succinctly stated 35
Q= Do you know of anyone else that Miss [verdachte] did the same things too?
A= Yes. [slachtoffer 4] and [slachtoffer 1]. Miss [verdachte] told me that I would come back. She told me she did it to [slachtoffer 4] and [slachtoffer 1]. I had catch her too sucking their titties.
Q= When I asked you the last time if you knew anybody else that miss [verdachte] did
it to you told me [slachtoffer 4] and [slachtoffer 1].
A= I saw miss [suspect] sucking [victim 1] and [victim 4]’s titties.
Q= What was [slachtoffer 1] and [slachtoffer 4] doing when miss [verdachte] was doing that to them?
A= I don’t remember. They were naked.
Miss [verdachte] used to force me to make a show for them. Sometimes the wife [vrouw medeverdachte] used to be there. [medeverdachte] would suck my vagina and my butt and miss [verdachte] also. They both will do it together on me. It would be me, [slachtoffer 4], [slachtoffer 1] and other girls also but I don’t know them. They would pick and choose who they want and the rest they would put outside the room to wait.
- The statement of [victim 3] to the examining magistrate, insofar as it contains, briefly and succinctly stated: 36
It was in [locatie 1]. Me, [slachtoffer 1] and [slachtoffer 4] were there. We had to show our bodies. This would happen more times.
- The statement of the victim [victim 1], made to the examining magistrate, insofar as it contains, briefly and succinctly stated: 37
She used to take me up in her room, take of my clothes and put her tongue in my private part. That went on for a long time. Until I was like 10. It started when I was in group 5 and 6. She used her fingers by my private parts. The same thing she did with her tongue.
- The testimony of [witness 1], containing, stated briefly and succinctly: 38
Q=Who are you referring to when you say [slachtoffer 3]?
A=I am referring to [slachtoffer 3].
Q=What exactly did [slachtoffer 3] tell you?
A=[slachtoffer 3] told me that [naam 1] they does call all of us. We have to call each other
sisters. We does have to line up in front of the bed. We does have to strip and take
off our clothes. [slachtoffer 3] told me that somehow she always ends up with [verdachte]. [slachtoffer 3] said that she would always end up by [verdachte] side. She said that they will give them something to smoke and then a tablet to make them happy. After that they will start fingering the girls and sucking their vagina. They would then end up on the bed until everything is over.
Q=Who all would be there?
A=She said all the girls who used to be there. She said that there was this girl by the
name of [slachtoffer 4] who used to be there.
- The statement of the suspect, insofar as it contains: 39
The girls [victim 1], [victim 3] and [victim 4] have been at my house. They stayed the night and slept in my bed. Sometimes I had a separate sofa bed.
Fact 6
- The official report drawn up following a search of the suspect’s house, containing, briefly and concisely stated: 40
On the top floor of the house in the bedroom of [defendant], a telephone of the Samsung brand was found on the bed.
- View the report of findings, photos, containing, briefly and succinctly displayed: 41
When reading the mobile phone mentioned above, a number of photos of child pornography were found. It concerned a total of 5 photos with an image of an underage girl.
I, the reporting officer, recognized the underage girl in the photo as being the victim named: [victim 3], born on [date of birth victim 3] 2011 in [place of birth victim 3].
The photos mentioned above were viewed by me, the reporting officer. I, reporting officer, saw the following:
PHOTO 1
• I saw an underage girl probably between the ages of eight (8) and (11) eleven.
• I saw that the underage girl was looking directly at the camera with a smile on her face and her mask was up to the chin.
• I saw that the underage girl was dressed in a blue/white striped shirt with short sleeves, presumably the school emblem of the [school name] on the left, with a blue skirt.
• I saw that the girl was wearing a black and white colored mouth cap.
• I saw that the blouse was open and the blue-colored skirt had been pulled down to the knees.
• I saw that the girl was wearing pink shorts up to the knees and a yellow colored top/bra.
PHOTO 2
• I saw the underage girl in a blue/white striped short-sleeved shirt with presumably the school emblem of the [school name] on the left.
• I saw that her skirt was pulled down to the floor/feet.
• I saw that she was wearing black colored shoes.
• I saw that the girl was wearing pink colored underwear which she held with both hands.
• I saw that the pink colored shorts had been pulled down to her knees.
• I noticed she was wearing a yellow top/bra.
PHOTO 3
• I saw that the underage girl’s face was no longer visible and that the photo was taken at close range.
• I saw that the underage girl was dressed in a blue and white striped short-sleeved shirt with probably the school emblem of the [school name] on the left.
• I saw that the blouse was open and that the yellow top/bra was visible.
• I saw that the pink colored underwear had been pulled down.
• I saw that the pink colored shorts had been pulled down.
• I saw that the underage girl’s abdomen and vagina (female genitals) were visible.
• I saw that the underage girl was half naked in the photo.
• I saw that the underage girl’s arms were stretched out beside her body.
PHOTO 4
• I saw that the underage girl was looking directly at the camera with a smile on her face and her mask was up to the chin.
• I saw that the underage girl was dressed in a blue and white striped shirt with short sleeves, presumably the school emblem of the [school name] on the left.
• I saw that the blouse was open and that the yellow top/bra was visible.
• I saw that the pink colored underwear had been pulled down.
• I saw that the pink colored shorts had been pulled down.
• I saw that the underage girl’s abdomen and vagina (female genitals) were visible.
• I saw that the underage girl was half naked in the photo.
• I saw that the underage girl’s arms were stretched out beside her body.
PHOTO 5
• I saw the underage girl looking directly at the camera with a smile on her face.
• I saw that the yellow colored top/bra was partially pulled over her face up to the nose.
• I saw that the underage girl was dressed in a blue and white striped shirt with short sleeves, presumably the school emblem of the [school name] on the left.
• I saw that the blouse was open and the yellow top/bra was visible, but it was over her face.
• I saw that the underage girl’s upper body was bare and I saw her breasts.
• I saw that the pink colored underwear had been pulled down.
• I saw that the pink neat shorts had been pulled down.
• I saw that the underage girl’s abdomen and vagina (female genitals) were visible.
• I saw that the underage girl was naked in the photo.
• I saw that the underage girl was holding the yellow colored top/bra in front of her face with both hands.
- The statement of the victim [victim 3], born on [date of birth victim 3] 2011, insofar as it contains, stated briefly and succinctly: 42
Q= I am going to show you a picture. Who is the person in the picture?
A= (Getuige feels embarrassed) Isn’t that my mask? That is me in the picture. That was at school.
Q= Who took the picture?
A= Miss [suspect].
Q= How come you was smiling in the picture?
A= It’s she! She forced me to smile.
Q= Did miss [verdachte] told you why she wanted to take a picture of your vagina and
titties?
A= No. She forced me to take them off. She does hit me on my hand.
- The testimony of [witness 1], containing, briefly and concisely stated: 43
Photos of document code [document code] was shown to the witness.
Q=Can you tell me who you recognize the person as on the picture?
A=That’s my [slachtoffer 3].
Q=Who are you referring to when you say [slachtoffer 3]?
A=I am referring to [slachtoffer 3].
- The photo with document code [document code].
- The statement of the victim [victim 4], insofar as it contains, briefly and succinctly stated: 44
Q= Did Miss [verdachte] ever took pictures of you?
A= Yes
Q= What type of pictures did she take of you?
A= She took pictures of my vagina and my butt.
- The official report of findings, description of two photos, insofar as they contain, briefly and succinctly reproduced: 45
When reading the suspect’s mobile phone, two photos with an image of a female genital organ were found. I, reporting officer, took said photos to the pediatrician [pediatrician] for assessment on Friday, April 16, 2021.
He stated the following about the photos:
Photo #1: Child with underwear pushed aside: showing early puberty stage.
The photos mentioned above were viewed by me, the reporting officer. I, officer, saw the following:
PHOTO 1
• I saw a female genitalia with underwear pushed aside.
• I saw that it concerns a black/white or dark blue striped underwear.
• I saw that the underwear is held to the side with four (4) fingers.
- The statement of the suspect, insofar as it contains: 46
The pictures were on my phone. I made these myself.
Evidence statement
The Court deems – on the basis of the evidence presented above and the further evidence considerations, legally and convincingly proven that the accused committed the charges under 1 to 6 inclusive, on the understanding that:
1Primary
they several times, at least once, (each time) in or around the period from January 1, 2018 to April 31, 2020 in Sint Maarten , by force or (an) other fact(s) and/or by threats of violence or ( a ) other de facto ( i ) d (and) [victim 1], born on [date of birth victim 1] 2009, forced a minor entrusted to her care and /or education and/or vigilance to undergo (a) act ( and ) that (also ) consisted ( and ) of the sexual penetration of the body of that [victim 1], having said that she, the accused,
- put her tongue in the vagina of that [victim 1] and/or pushed and/or held it, and /or
- licked/sucked over and /or around the vagina and /or labia of that [victim 1] one or more times , and /or
- stroked, felt and /or touched the vagina and /or labia of that [victim 1] with her fingers/hand(s) one or more times , and consisting of that other fact and in this that suspect, ( every time ) intentionally,
- who brought [victim 1] to her, suspect’s, bedroom and /or
- which [victim 1] has turned around and /or ( then )
- has taken off the clothing and /or underwear of that [victim 1] and /or
- has spread and /or held open the legs of that [victim 1] and /or
- said to [victim 1] “you know you like it”, while that [victim 1] covered her face with her hand ( s ) , and /or
- who ordered/sold [victim 1] to open her, suspect’s vagina
lick/suck and /or
- brought her, suspect’s, vagina to the mouth of [victim 1] and /or
has been sucked/licked by that [victim 1] and /or
- has gone beyond the verbal and/or non-verbal signals of
protest/resistance from that [victim 1] and /or
- the aforementioned actions systematically/long-term against those [victim 1] has
committed while she was a minor and /or ( while )
- who [victim 1] by her, suspect’s, psychological and physical dominance as
( entrusted ) adult person and/or caregiver, has at her will
subject and /or
- has abused the information arising from actual relationships
predominance as an ( entrusted ) adult person and /or caretaker of that person
[victim 1] and /or (thereby) made use of the resulting
resulting dependency situation of that [victim 1] in relation to
suspect and /or
- (thus) for that [victim 1] an intimidating, oppressive and /or
has created a threatening situation in which they do not comply
could withdraw the aforesaid acts;
2primary
she several times, at least once, (each time) in or around the period from December 1, 2018 to January 31, 2020 in Sint Maarten , in her, suspect’s home, ([address]), by force or (an) other factual (i)d(s) and/or threat of violence or ( an ) other factual ( i ) d (s) [victim 3], born on [date of birth victim 3] 2011, one of her care and /or education and/ or vigilance of a minor, forced to commit and/or tolerate one or more lewd acts( and ) , consisting of fornication in that she, the accused,
- has touched/touched the breast(s) of that [victim 3] one or more times with her fingers/hand(s) and /or
- has sucked the breast(s) of that [victim 3] one or more times and /or
licked and /or
- has taken pictures of the vagina, at least the (bare) body of that [victim 3] and which violence or other fact(s) and/or which threat of violence or that other fact ( i ) d ( and) it has /have consisted in this that they, the suspect, (each time) intentionally,
- at the moment that [victim 3] screamed; held/closed the mouth of [victim 3] and /or said “shhhh” to her, at least words of a similar nature or meaning and /or told [victim 3] to keep quiet and or shut her mouth keep, at least words of a similar nature or intent and/or
- who hit [victim 3] on her hands and/or
- committed the aforementioned act(s) (suddenly) while [victim 3] was sleeping and /or
- has gone beyond the verbal and /or non-verbal signals of
protest/resistance from that [victim 3] and /or
- the aforementioned actions systematically/long-term against those [victim 3] has
committed while she was a minor and /or (while)
- who [victim 3] by her, suspect’s, psychological and physical dominance as
(entrusted) adult person and /or caregiver, has at her will
subject and /or
- has abused the information arising from actual relationships
predominance as an (entrusted) adult person and /or caretaker of that person
[victim 3] and/or (thereby) made use of the resulting dependency situation of that [victim 3] in relation to the suspect and /or
- (thus) for that [victim 3] an intimidating, oppressive and/or
has created a threatening situation in which they do not comply
could withdraw the aforesaid acts;
3Primary
they several times, at least once , (each time) in or around the period from December 1, 2018 to January 31, 2020 in Sint Maarten , together and in association with another person or others , at least alone, in the home of [co-defendant] ([ address of co-defendant]),
by violence or (an) other fact(s) and/or threat of violence or ( an ) other fact ( s ) d (s) [victim 3], born on [date of birth victim 3] 2011, a entrusted a minor to her care and /or education and/or vigilance, to undergo (an) act ( s ) which (also) consisted ( s ) of sexually penetrating the body of that [victim 3], having suspect (every time)
- put her tongue in the vagina and /or the anus of that [victim 3] and/or pushed and/or held it, and /or
- licked/sucked over and/or around the vagina and /or labia and /or buttocks/anus of that [victim 3] one or more times, and /or
- one or more times with her fingers/hand(s) stroked, felt and /or touched the vagina and /or labia and /or the buttocks/anus of that [victim 3] and /or and existing that other factual ( i ) d (and) in this that she, the suspect and/or her co-perpetrators (each time) intentionally,
- who forced/ordered and /or told [victim 3] to pose and /or do a show and /or pose completely or partially naked and /or
- who forced/ordered and /or told [victim 3] to take off her clothes and /or
- who forced/ordered and/or told [victim 3] to lick and/or suck her, suspect’s vagina and/or
- carries out the aforementioned act in the presence of one or more adult persons
committed and /or
- the aforementioned actions systematically/long-term against those [victim 3] has
committed while she was a minor and /or (while)
- that [victim 3] by her, the suspect and/or her co-perpetrator ( s ) , psychologically and
physical superiority as (entrusted) adult perso (o) n ( en ) and /or
caretaker ( s ) , subjected to her will and /or
- has abused the information arising from actual relationships
predominance if (entrusted) adult person (s) n ( s ) and /or caregiver ( s ) of that [victim 3] and /or (in doing so) has made use of the resulting dependency situation of that [victim 3] in relation to suspect and /or her co- perpetrator ( s ) and/or
- (thus) for that [victim 3] an intimidating, oppressive and/or
has created a threatening situation in which they do not comply
could withdraw the aforesaid acts;
4Primary
they are in Sint Maarten in or about the period from 1 January 2018 to 31 December 2019 ,
by violence or (an) other fact(s) and/or threat of violence or ( an ) other fact ( s ) d (s) [victim 2], born on [date of birth victim 2] 2010, one of has forced a minor entrusted to her care and /or education and /or vigilance to commit and/or tolerate one or more indecent act ( s ) , consisting of those indecent acts in which she, the suspect,
- has touched/touched the breast(s) of that [victim 2] one or more times with her fingers/hand(s) and /or
- sucked and /or licked the breast(s) of that [victim 2] one or more times and /or
- once or several times with her fingers/hand(s) has stroked/ touched/touched and/or pinched the (lined) vagina of that [victim 2] ,
and consisting that violence or that other fact ( s ) and /or that threat of violence or those other fact(s) consists of, that they, the suspect,
- who approached [victim 2] from behind and /or
- who clamped / pinned [ victim 2] against a wall and /or
- (suddenly) tried to pull down the pants of that [victim 2] and /or
- (suddenly) pulled up the shirt/blouse of that [victim 2] and /or
- who [victim 2] by her, suspect’s, psychological and physical dominance as
(entrusted) adult person, subjected to her will and /or
- (thus) created an intimidating, oppressive and/or threatening situation for [victim 2] in which she could not avoid the aforementioned actions;
5Primary
they several times, at least once, (each time) in or around the period from January 1, 2017 to December 31, 2019 in Sint Maarten , together and in association with another person or others, at least alone,
by violence or (an) other fact(s) and/or by threat of violence or ( an ) other fact ( s ) d (s) [victim 4], born on [date of birth victim 4] 2010, a has forced a minor entrusted to her care and /or training and /or vigilance to undergo (an) act ( s ) which ( also ) consisted ( and ) of sexually penetrating the body of that [victim 4], having she, suspect,
- put and/ or pushed and/or held her fingers in the vagina of that [victim 4] , and /or
- one or more times with her fingers/hand(s) pressed/pressed against the vagina and /or labia of that [victim 4] and /or
- one or more times with her fingers/hand(s), has touched/touched and /or caressed the vagina and /or labia of [victim 4] and /or
- touched/touched the breast(s) and /or buttocks of [victim 4] one or more times with her fingers/hand(s) and /or
- has sucked the breast(s) of that [victim 4] one or more times and /or
licked,
and consisting of those other facts in that they, the accused, (each time) intentionally,
- the aforementioned act ( s ) systematically/long-term against that [victim 4] has
committed while she was a minor and /or (while)
- who [victim 4] by her, suspect’s, psychological and physical dominance as
(entrusted) adult person and /or caregiver, has at her will
subject and /or
- has abused the information arising from actual relationships
predominance as an (entrusted) adult person and /or caretaker of that person
[victim 4] and /or (thereby) made use of the resulting
resulting dependency situation of that [victim 4] in relation to
suspect and /or
- (thus) created an intimidating, oppressive and/or threatening situation for [victim 4];
6.
they in or about the period from December 1, 2018 to April 7, 2021 in Sint Maarten , together and in association with another or others, at least alone,
one or more times an image and/or a data carrier, namely telephone (brand: Samsung [brand]), containing one or more image(s) of (a) sexual behavior(s) , in which (each time) one or more person( s) o)n(s) apparently not yet eighteen years of age involved or apparently involved, namely,
- one or more photos of [victim 3], born on [date of birth victim 3] 2011, a minor entrusted to her care and /or education and /or vigilance, who poses/stands wholly or partially naked, whereby the camera angle expressly one or more image(s) and/or the cutout of one or more images showing the bare/ bare vagina and /or breasts, or at least the genitals of that [victim 3], (whereby) that [victim 3] in consecutive images poses with:
- an open blouse and a blue-colored skirt that reaches to her knees
has been pulled down and /or
- (then) pulled to the floor or feet and /or
- pink shorts that are pulled down to her knees and /or
- a pink underwear that she, [victim 3], is holding with both hands and /or
(then) pulled down
and / or
- one or more photographs of a female genitalia with underwear, of a person who apparently had not yet reached the age of eighteen, with the underwear being pushed aside with four fingers, (in which) the aforementioned image (s) thus form a unmistakably has /have sexual intent and tends to sexual arousal,
has intentionally distributed and/or offered and/or has openly exhibited and/or manufactured and/or imported and/or exported and/or acquired and /or possessed and/or itself and/or its co -perpetrators has provided the access by means of a computerized device or by using a communication service.
The Court finds that it has not been proven that the accused has been charged more or differently than has been declared proven above, so that she will be acquitted of this.
The language and/or spelling errors or omissions in the indictment have been corrected; For the sake of readability, changes have also been made to the statement of evidence (in italics ). As a result, the suspect was not harmed in the defence.
Punishability and qualification of the proven
The proven statement is qualified as follows:
- rape, while the guilty commits the offense against a minor in her care or vigilance, committed several times;
- actual indecent assault, while the offender commits the offense against a minor entrusted to her care or vigilance, committed several times;
- complicity in rape, while the perpetrator commits the offense against a minor in her care or vigilance, committed several times;
- Actual indecent assault, while the culprit commits the offense against a minor in her care or vigilance;
- rape, while the guilty commits the offense against a minor in her care or vigilance, committed several times;
- an image of a sexual act, in which someone who apparently has not yet reached the age of eighteen produces and possesses.
No facts or circumstances have become plausible that exclude the criminality of the proven offense.
Punishment of the suspect
Counsel has argued that the suspect will be released from all charges. To this end, she argued that there was psychological force majeure, because the suspect acted on behalf of and under pressure from co-defendant [co-defendant].
The public prosecutor states that the suspect cannot invoke psychological force majeure, but has taken into account reduced accountability in his sentence because of the complex relationship with and dependence on the co-defendant.
The Court considers as follows.
Mental force majeure refers to an external force or coercion, which one could not reasonably resist, nor did it have to offer.
In the opinion of the Court of First Instance, it has not become plausible that the suspect acted on behalf of or under pressure from the co-defendant.
The mere statement by the accused that this was the case is not sufficient for this. The defense is rejected.
The suspect is therefore punishable, now that no circumstance has become apparent or has become plausible that completely excludes the criminality of the suspect.
Imposition of punishment and/or measure
It has been proven that the suspect raped or assaulted several underage girls who were entrusted to her care (several times), of which partly in association with others. In addition, suspicious pornographic images of minors have been produced. These were found on her phone.
The public prosecutor has demanded that the suspect be sentenced to a term of imprisonment of 10 years.
The counsel has filed a criminal defense defence.
The Court considers as follows.
When determining the sentence to be imposed, the nature and seriousness of what has been declared proven, the circumstances under which the proven offense was committed, the extent to which the conduct is to be blamed on the suspect and the person of the accused. suspect, as emerged during the investigation during the trial. In doing so, account is taken of the seriousness of what has been declared proven in relation to other criminal offences, such as is expressed in the statutory maximum penalties imposed for this and in the penalties imposed for similar offences.
With regard to sentencing, a link can be sought with the guidelines for sentencing, in which the usual judicial sentencing policy of the Court of Justice and the Courts of First Instance has been reflected. In it, an unconditional prison sentence for a period of 4 years is given as an indication for sexually intruding on children under the age of 12. Aggravating circumstances may include the length of time, the young age of the victim and the breach of trust.
Defendant has been guilty of committing indecent acts with four very young girls, including sexual intrusion, many times over a period of several years. The girls were between 5 and 11 years old. It turned out that the girls often found themselves in an unstable home situation. The girls trusted the suspect, who worked at the school where the victims attended. Among other things, the girls stayed at the suspect’s home to be supervised with homework. They also stayed with the suspect. Defendant abused it.
With her actions, the Defendant committed a very serious violation of the physical integrity of the victims. It is a well-known fact that victims of sexual abuse, especially young children, continue to suffer from this in their later lives. Children have the right to normal and healthy sexual development. It is highly plausible that the defendant interfered with this development with her actions.
The suspect apparently never thought about all this and has put her own feelings of lust and satisfaction first. The Court of First Instance takes this seriously against the accused.
Defendant has denied the facts and has not taken responsibility for her actions. The Court of First Instance has also not shown that the Defendant has an eye for the impact and the consequences that her actions had and will have on the victims.
Psychiatrist FGM Heijtel drew up a psychiatric report about the suspect. This report describes that the suspect was sexually traumatized as a teenager, that she has had a sexual relationship with co-defendant [co-defendant] since the age of 16/17, and that her life consists of her work and of [co-defendant]. The psychiatrist concluded that the suspect has personality problems, she is independent, dependent and childlike in her contact with adults, and she is sexually traumatized. In the report, the psychiatrist writes:The person concerned describes (and this is also revealed in the research) dependent, independent and childlike traits in her personality, so that in relationships with adults she is the adapting and adapting person and decisions are made about her. Only in her work and in contact with minors does she seem to be able to be more decisive. This will also have been the case with the offences, if proven. With adults she is a sexual object whereby she does what is required of her, with small children she can determine what happens. (…)”.
The psychiatrist has advised that the offenses of the suspect should be slightly reduced.
The suspect stated – for the first time at the hearing on 16 June 2022 – that she acted on behalf of co-defendant [co-defendant]. However, the Court of First Instance did not believe that statement, since the accused committed all the proven facts -with the exception of count 3 – alone. Neither the file nor the traded during the court hearing showed that the suspect acted on behalf of, or under pressure, of [co-defendant]. In the other proven facts, no involvement of [co-defendant] has been shown at all.
The Court will not follow the psychiatrist’s advice to attribute the offenses to the suspect slightly less. In the opinion of the Court of First Instance, it has not been shown that the Defendant’s personality problems, her dependence and her lack of independence had any influence on the facts declared proven. At the time of the offenses, the suspect was not dealing with adults, but with very young children, and it was precisely the suspect who determined what happened.
The Court is of the opinion that the facts declared proven can be fully attributed to the accused.
In the opinion of the Court of First Instance, in view of the seriousness of the facts declared proven, a sanction other or lighter than a punishment involving a substantial unconditional deprivation of liberty will suffice. In the opinion of the Court, the personal circumstances of the suspect do not require a different or lesser sentence.
Unlike the public prosecutor, the Court of First Instance considers the suspect fully accountable and therefore the sentence to be imposed is higher than the sentence he has demanded. Three rapes have been proven, one of which in association, an assault and the manufacture and possession of child pornography. With regard to the sentencing, the Court considers the assault and rape of [victim 3] (count 2 and 3) as one fact.
All things considered, the Court of First Instance has come to the conclusion that the seriousness of what has been declared proven is insufficiently expressed in the sentence demanded by the Public Prosecutor. The Court is of the opinion that a prison sentence of 13 years is appropriate and required. The accused will therefore be sentenced to do so.
confiscated items
The General Court will remove the seized mobile phone on which the images with child pornography were found from circulation. This object is of such a nature that its uncontrolled possession is contrary to the law or to the public interest. With the help of this object the proven fact has been committed.
Compensation
Injured party [victim 1]
On behalf of the injured party [victim 1], lawyer G. Hatzmann joined the criminal proceedings with a claim for compensation for non-material damage. This amounts to NAf 50,000. On behalf of the injured party, it has also been claimed that the costs of the proceedings (costs of legal aid) be reimbursed. These costs amount to Naf. 1,800.-.
The defense disputed the claim.
From the investigation during the hearing, the Court of First Instance has sufficiently shown that [victim 1] as a result of defendants declared proven under 1 act suffered direct disadvantage that does not consist in financial loss, because the injured party, as a result of this act of the defendant, has been in her person several times. affected. The injured party is therefore entitled to compensation to be determined in fairness. The Court values this damage suffered by the injured party at an amount of NAf 50,000 as claimed. In doing so, the General Court took into account the circumstances alleged on behalf of the injured party, as well as compensation awarded in similar cases.
The Court sees reason to impose a compensation measure as referred to in Article 1:78 of the Criminal Code on the suspect.
In the event that full payment or full recovery of the amount owed does not follow, replacement detention of a duration to be stated below will be imposed.
For the calculation of the costs of the proceedings, the Court of First Instance uses the liquidation rate of the Court of First Instance, as it applies to an interest of NAf 50,000, and the stated amount of NAf 1,500 per point. In the calculation, the General Court uses one point for submitting the claim and one point for attendance at the hearing.
Now that the claim amounts to NAf 1,800, the Court will estimate the costs of the proceedings at this amount.
Injured party [victim 2]
On behalf of the injured party [victim 2], lawyer G. Hatzmann joined the criminal proceedings with a claim for compensation for non-material damage. This amounts to NAf 40,000.-. On behalf of the injured party, it has also been claimed that the costs of the proceedings (costs of legal aid) be reimbursed. These costs amount to Naf. 1,800.-.
The defense disputed the claim.
From the investigation during the hearing, the Court of First Instance has sufficiently shown that [victim 2] as a result of acts declared proven under 4 has suffered direct disadvantage that does not consist in financial loss, because the injured party, as a result of this act of the accused, has been in her person several times. affected. The injured party is therefore entitled to compensation to be determined in fairness. The Court values this damage suffered by the injured party at an amount of NAf 2,500. In doing so, the General Court took into account the circumstances alleged on behalf of the injured party, as well as compensation awarded in similar cases.
The Court sees reason to impose a compensation measure as referred to in Article 1:78 of the Criminal Code on the suspect.
In the event that full payment or full recovery of the amount owed does not follow, replacement detention of a duration to be stated below will be imposed.
For the calculation of the costs of the proceedings, the Court of First Instance uses the liquidation rate of the Court of First Instance, as it applies to an interest of NAf 2,500 and the stated amount of NAf 250 per point. In the calculation, the General Court uses one point for submitting the claim and one point for attendance at the hearing. The Court therefore estimated the costs of the proceedings at NAf 500.
Applicable legal requirements
The penalty and measure to be imposed are, in addition to the statutory regulations already cited, based on Articles 1:62, 1:74, 1:75, 1:76, 1:78, 1:123, 1:136, 2 :196, 2:197, 2:201 and 2:210 of the Criminal Code, as they read at the time of the provenance.
DECISION
The dish:
declares legally and convincingly proven that the accused committed the offenses charged under 1 primary, 2 primary, 3 primary, 4 primary, 5 primary and 6;
declares that what has been charged against the suspect more or otherwise has not been proven and acquits her thereof;
qualifies the proven statement as described above;
declares the proven punishable and the suspect punishable for it;
sentences the suspect to a prison term of 13 (thirteen) years;
recommends that the time spent in insurance and in pre-trial detention by the accused before the execution of this judgment should be deducted from the execution of the prison sentence imposed;
recommends that the seized mobile phone, namely a Samsung [brand], be withdrawn from circulation;
Injured party [victim 1]
awards the claim for compensation for the damage suffered by the injured party [victim 1] to an amount of NAf 50,000 (in words: fifty thousand guilders) , and condemns the suspect to pay this amount to the injured party against proper proof of discharge side;
orders the accused to pay the costs of the injured party, incurred so far and yet to be incurred for the purpose of enforcement, estimated to date at
NAf 1,800 (eighteen hundred guilders);
imposes on the suspect as a compensation measure for the benefit of the injured party [victim 1] the obligation to pay the Country an amount of NAf 50,000 (in words: fifty thousand guilders), in the absence of payment or recourse to be replaced by 285 ( two hundred and eighty-five) days of detention, on the understanding that application of the replacement detention does not cancel the payment obligation;
Injured party [victim 2]
awards the claim for compensation for the damage suffered by the injured party [victim 2] to an amount of NAf 2,500 (in words: twenty-five hundred guilders) , and orders the suspect to pay this amount to the disadvantaged party;
declares the injured party [victim 2] in the claim inadmissible for the rest and determines that he can only bring the claim to the civil court to that extent;
orders the accused to pay the costs of the injured party, incurred so far and yet to be incurred for the purpose of enforcement, estimated to date at
ANG 500 (five hundred guilders);
imposes on the suspect as compensation measure for the benefit of the injured party [victim 2] the obligation to pay the Country an amount of NAf 2,500 (in words: twenty-five hundred guilders), to be replaced by 35 (thirty-five) in the absence of payment or recourse days in detention , on the understanding that application of the replacement detention does not cancel the payment obligation.
This judgment was rendered by the judge mr. HG Eskes, assisted by the registrar mr. S. Hoebe, and pronounced on 7 July 2022 in the presence of the registrar at the open court hearing of the General Court in Sint Maarten .
1 In the following, unless otherwise stated, reference is made to official reports and other documents drawn up in legal form by the reporting officer(s) concerned, which are included as appendices in the final official report of the Sint Maarten Police Force (Department youth and sex offenses) registered under official report number/JD/2021 and the investigation name “[investigation name]”, more specifically from page 4: ”Suspect [suspect]”.
2 Minutes of interrogation [victim 1] dated March 24 , 2021, appendix 2, page 37 ff
3 Witness hearing [victim 1], dated November 25, 2021, supplementary document.
4 Official report of the report [mother victim 1] dated March 24 , 2021, appendix 1, page 20 ff
5 Statement by the suspect at the court hearing on 16 June 2022, as may be included in the official report of that court hearing at a later date – if an appeal is lodged against this judgment.
6 Minutes of interrogation [victim 3] dated April 1, 2021, appendix 4, page 50 ff and dated April 21, 2021, appendix 5, page 55 ff
7 Witness statement [victim 3] dated November 24, 2021, supplementary document.
8Official report of witness statement [witness 1] dated April 21, 2021, appendix 8, page 73 ff
9Official report of the report [victim 5] dated March 24 , 2021, appendix 1, page 326 ff (personal file [fellow suspect]).
10Witness statement [victim 5] dated November 23, 2021, supplementary document.
11Official record of witness interrogation [victim 2] dated November 26, 2021, supplementary document.
12Minutes of interrogation [victim 3] dated April 1, 2021, appendix 4, page 50 ff and dated April 21, 2021, appendix 5, page 55 ff
13Official report of witness interrogation [victim 3] dated November 24, 2021, supplementary document.
14Official report of the report [mother victim 3] dated April 1, 2021, appendix 1, page 25 ff
15Official record of witness interrogation [victim 2] dated November 26, 2021, supplementary document.
16Official report of the interrogation of witness [victim 4] dated 20 April 2021, appendix 7, page 68 ff
17Official report of witness statement [witness 1] dated April 21, 2021, appendix 8, page 73 ff
18Statement by the suspect at the court hearing on 16 June 2022, as may be included in the official report of that court hearing at a later date – if an appeal is lodged against this judgment.
19Minutes of interrogation [victim 3] dated 1 April 2021, appendix 4, page 50 ff and 21 April 2021, appendix 5, page 55 ff (sub-file [accused]).
20Official report of the search of the house dated April 7, 2021, appendix 18, page 468 (photo folder).
21Official report of witness interrogation [victim 3] dated November 24, 2021, supplementary document.
22Official report of the report [mother victim 3] dated April 1, 2021, appendix 1, page 25 ff
23Witness hearing [victim 1], dated November 25, 2021, supplementary document.
24Official report of the interrogation of witness [victim 4] dated 20 April 2021, appendix 7, page 68 ff
25Official report of witness statement [witness 1] dated April 21, 2021, appendix 8, page 73 ff
26Statement by the suspect at the court hearing on 16 June 2022, as may be included in the official report of that court hearing at a later date – if an appeal is lodged against this judgment.
27Witness statement [victim 2] dated March 25 , 2021, appendix 3, page 45 ff
28Official record of witness interrogation [victim 2] dated November 26, 2021, supplementary document.
29Official report of the report [mother victim 2] dated 25 March 2021, appendix 1, page 28 ff
30Official record of witness interrogation [victim 1] dated November 25, 2021, supplementary document.
31Official report of witness interrogation [victim 3] dated November 24, 2021, supplementary document.
32Official report of the interrogation of witness [victim 4] dated 20 April 2021, appendix 7, page 68 ff
33Official report of the interrogation of witness [victim 4] dated 20 April 2021, appendix 7, page 68 ff
34Witness hearing [victim 4], dated November 24, 2021, supplementary document.
35Minutes of interrogation [victim 3] dated April 1, 2021, appendix 4, page 50 ff and dated April 21, 2021, appendix 5, page 55 ff
36Official report of witness interrogation [victim 3] dated November 24, 2021, supplementary document.
37Witness hearing [victim 1], dated November 25, 2021, supplementary document.
38Official report of witness statement [witness 1] dated April 21, 2021, appendix 8, page 73 ff
39Statement by the suspect at the court hearing on 16 June 2022, as may be included in the official report of that court hearing at a later date – if an appeal is lodged against this judgment.
40Official report of the search [defendant] dated April 7, 2021, appendix 15, page 136 ff
41Official report of findings view photos dated April 14, 2021, appendix 36, page 271 ff
42Minutes of interrogation [victim 3] dated April 21, 2021, appendix 5, page 55 ff
43Official report of witness statement [witness 1] dated April 21, 2021, appendix 8, page 73 ff
44Official report of the interrogation of witness [victim 4] dated 20 April 2021, appendix 7, page 68 ff
45Official report of the finding, description, two photos, dated April 28, 2021, appendix 39, page 286 ff
46Statement by the suspect at the court hearing on 16 June 2022, as may be included in the official report of that court hearing at a later date – if an appeal is lodged against this judgment.
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