Juvenile Detention Confirmed on Appeal for Assault and Gang Rape in Helmond

The East Brabant District Court previously convicted four suspects of gang rape and one suspect of complicity in assault. At that time, all suspects were minors. Two of the five suspects appealed. 

In the early morning, the group of suspects approached the victim in Geukerspark in Helmond. She was alone and was brutally raped multiple times by several suspects. Police officers found her partially undressed and helpless in the park. The court notes that the rape still has a significant impact on the victims life. Furthermore, a rape in a public park causes a feeling of insecurity in society. 

According to the court, the 19-year-old boy, together with others, committed gang rape. Like the district court, the court rules that although he – unlike three other co-defendants – did not sexually penetrate the victim, his contribution to the gang rape can be considered complicity. The court acquits the 18-year-old boy of rape but convicts him of assaulting the victim. The court thus confirms the earlier rulings of the district court. 

Both suspects were minors at the time of the incident and are therefore tried under juvenile criminal law. The court also takes into account that the suspects have since made positive steps in their lives, as shown in reports from the Child Protection Board. 

In juvenile criminal law, a juvenile sentence or measure can be imposed, focusing on the best interest of the young person and emphasizing an educational approach. As long as the brain is still developing (until about 24 years), development can still be maximally influenced and the chance of recidivism minimized.
For youths aged 16 and 17, a maximum of two years juvenile detention can be imposed.