Today, the public prosecutor demanded a three-year prison sentence against a 28-year-old man from Italy who is suspected of raping a woman on the public road in the center of Amsterdam on Kings Day 2025.
The rape of the 35-year-old woman - on the public road between two parked cars - has been widely reported in the news. On the day itself, many images were shared, both of the lead-up and of what transpired between those cars. According to the Public Prosecution Service (OM), based on the images, various witness statements, police findings on site, and the initial statements from the suspect, it has been proven that there was sexual penetration.
This is all supported by forensic evidence. DNA from the victim was found in the swim trunks the suspect wore that day. And DNA from the suspect was found in the victims underwear.
New Sexual Offenses Law
The suspect is being prosecuted under the new sexual offenses legislation. Where coercion used to be decisive in determining whether something was rape, it is now voluntariness. The current law states that sexual contact must be voluntary and equal and must be based on mutual consent. Moreover, the OM emphasizes that this fact would also have been prosecuted under the old legislation.
No Memory
The victim does not remember anything of what happened. The public prosecutor in his indictment stated: “On one hand, this feels like a blessing to her, but on the other hand, it causes sleepless nights. The frustrations and questions she has about how it went from the moment she remembers nothing. That she woke up in the hospital, ended up alone on the street, and had to find her way to the police herself.” The victim filed a report in mid-May.
Footage shows that the victim was unsteady on her feet and staggering down the street. She is also described as lifeless in the available footage, with some witnesses describing her as a rag doll.
Demand
The suspect initially stated that he made love and that there was penetration, but later he said he no longer remembers. The victim remembers nothing but says she never wanted this. The public prosecutor in his indictment stated: “Sex may only take place with mutual positive consent. (-) Given the victims condition, there was no free will, and thus, according to the law, there was also no will for sexual acts.” The prosecutor demanded a three-year prison sentence with deduction for pre-trial detention.
