Brussels Court of Appeal again spares medical student jail for rape
The Brussels Court of Appeal has once again found a former medical student guilty of rape but decided not to impose a sentence.
The 25-year-old man was previously convicted by the Leuven correctional court in April 2025. That ruling caused public anger because the court granted him a suspension of sentence, meaning he received no punishment despite being found guilty.
Prosecutors appealed the decision. They argued that the lower court had formed a “mistaken view” of the defendant’s character and said he had failed to take responsibility for his actions. The prosecution asked the appeal court to impose at least a probationary suspension, which would include conditions.
However, the appeal court rejected that request.
In its judgment, the court said that a punishment was “not a necessary response” to the crime. It ruled that a sentence would not protect the public interest and would have “disproportionately harmful consequences” for the defendant and those around him.
The court said there was no doubt about the man’s guilt. He had not contested the facts in Leuven and did not appeal his conviction.
According to the judges, the student met the victim when she was already clearly intoxicated, but they found he did not initially intend to take advantage of her. The court also said he had shown responsibility afterwards, admitted his guilt and expressed genuine remorse.
The case dates back to November 2023, when the woman was assaulted after a student party in Leuven. Judges previously ruled that she was in no condition to give consent.
Following the earlier ruling, KU Leuven decided that the student could not continue his training in gynaecology.
#FlandersNewsService | Students at KU Leuven’s university library © BELGA PHOTO ERIC LALMAND