The Public Prosecution Service East Brabant (OM) has decided not to prosecute in a recently investigated sexual offense case in Veghel, involving two minors, due to insufficient evidence. The case received significant media attention and became part of a discussion surrounding asylum reception due to the background of the suspect. In this message, we will discuss the investigation and explain our decision.
At the end of January this year, a report of rape was made by the family of a minor girl. This allegedly took place on the afternoon of Friday, January 10, 2025, in a forest area in Veghel. The minor ex-boyfriend of the girl was said to be responsible. The report was subsequently handled by the Sexual Offenses Team of the East Brabant police and led to an investigation under the direction of the public prosecutor. The boy was arrested as a suspect during this investigation and extensively interrogated. The police also had extensive conversations with the girl.
Investigation
Based on the statements of both the complainant and the suspect, it became clear that the boy and the girl had contact with each other, including online. They also met several times and had a relationship for some time. To gain more clarity about what exactly happened, the police conducted further investigation. For instance, the phones of both the complainant and the suspect were examined, and witnesses were interviewed.
Statements
The statements of both about what happened that afternoon largely coincide. It is clear to the OM that there was sexual contact between the complainant and the suspect. However, the statements regarding the voluntariness of the sexual acts differ. While the girl states that she was raped, the boy claims that there was voluntary sexual contact.
Judgment
Looking at all the investigative findings, the OM is of the opinion that insufficient objective evidence has been found that convincingly places the complainants account above that of the suspect. This means that the OM believes there is insufficient evidence to proceed with prosecution. The case against the suspect has therefore been dismissed.
Evidence in Sexual Offense Cases
In sexual offense cases, there are often two statements that stand in opposition to each other. There are usually no eyewitnesses, which makes these kinds of cases complex. The judge cannot reach a conviction based solely on the report. In this video from the Sexual Violence Center, it is clearly explained how evidence works in sexual offense cases.
Discussion
In recent months, the case became part of a discussion surrounding asylum reception. Given the nature of the case, but certainly also due to the age and importance of the two minors involved, the OM is cautious in sharing details. At the same time, due to all the attention the case has received, there is also a societal interest. For this reason, we are providing this detailed explanation of our decision today.