A Belgian medical student convicted of rape has again avoided punishment, with an appeals court upholding a suspended sentence. The case, stemming from a 2023 incident following a student party, has sparked outrage and renewed debate about consent and sentencing in sexual assault cases.
The ruling, confirmed Thursday by the Brussels Court of Appeal, means the 24-year-old student will not serve jail time despite being found guilty of the offense.
The incident occurred in the early hours of November 8, 2023, after a night out in Leuven. According to court documents, the student and the victim, both university students, returned to the man’s apartment around 6:00 a.m. And engaged in sexual activity.
The woman awoke with no memory of the encounter, finding herself naked and disoriented in an unfamiliar setting with the man. She later told police she had no recollection of consenting to the sexual activity. The case hinged on the issue of consent, with the prosecution arguing the woman was too intoxicated to give informed agreement.
In April 2025, a lower court found the student guilty of rape, but opted not to impose a sentence, citing his “talented and engaged” character. The decision sparked widespread condemnation, particularly given the student’s field of study – gynecology – and prompted a disciplinary investigation by KU Leuven, which ultimately required him to change his specialization to emergency medicine.
KU Leuven launched a disciplinary inquiry into the student’s conduct following the initial ruling.
Prosecutors appealed the initial ruling, seeking a three-year prison sentence. However, during the appeals hearing, the prosecution softened its stance, requesting only a suspended sentence with conditions. The appeals court ultimately upheld the original decision, maintaining the suspended sentence without additional stipulations.
“This remains a rape,” stated magistrate Annelien Verschaeve, emphasizing that the suspended sentence does not equate to impunity. The ruling underscores the complexities of consent in cases involving alcohol and the ongoing debate surrounding appropriate sentencing for sexual assault offenses. The woman initially contacted the student via text message hours after the incident, and he responded by stating he had no memory of the events, attributing it to alcohol consumption. She subsequently filed a police report, stating the sexual activity occurred without her consent.
Belgium’s updated penal code requires explicit consent for sexual activity, rendering someone incapable of providing that consent if they are severely intoxicated.
