Court acquits man of rape

POSTED: 07/1/11 7:39 PM

Birthday celebration ends in “drunken fooling around”

St. Maarten – An alcohol-induced birthday celebration ended badly for a girl who’d been clubbing at Tantra and the Platinum Room in Maho on January 13. The girl hooked up with Alexander Ludwig B., a 24-year-old parasailing instructor at Bobby’s Marina, and ended up filing a complaint for rape against him. Yesterday, the Court in First Instance acquitted the defendant of the charge.

Under questioning by Judge Mr. M. Keppels, the defendant denied that he had raped the girl. “We had been drinking and dancing, then we started kissing and I started to feel her up,” he told the court. “She never said no, she never pushed me away, and I did not have sex with her.”

The girl said in a statement to the police that she had left Tantra to go home, when a man grabbed her, pulled her behind the Casino Royale, pushed her on the ground and pushed his penis inside her. “I asked him not to do this, and then I hit him with my knee in his crotch.”

But the statements by the victim turned out to be dubious, because she had started drinking around noon to celebrate her birthday. Video footage that captured one minute of the interaction between the plaintiff and the defendant suggested that the girl had tried to get away from her alleged assailant.

One witness told police that the defendant had started bothering the girl in Tantra, and that he followed her outside, when she headed for the Platinum Room. The bouncer felt that the suspect was harassing the girl, so he let her in, but refused him entrance. Later on the defendant was admitted. When he left together with the girl there seemed to be no more animosity.

“It was her birthday,” Prosecutor Mr. G. van der Wulp said. “She started drinking earlier, but she said that she did not go with the defendant voluntarily and the video footage supports this.”

The prosecutor also referred to a witness who had heard the girl scream, “You rapist, you raped me,” while he saw the suspect walk away from the scene quickly.”

Van der Wulp considered the rape proven. “This was her birthday present,” she said. The prosecutor demanded 24 months imprisonment, of which 8 months suspended, with 3 years of probation.

Attorney mr. E.Y. Knoppel noted that her client had been detained on April 7, almost three months after the incident. “The victim had been celebrating her birthday all day long. She started the day with vodka,” Knoppel said. “Her first statement does not correspond with her second statement because initially she could not remember what had happened. The doctor has not found external evidence of rape, and the results of a DNA-test are not available yet.”

Knoppel said that her client spent 30 days too long in a police cell. She asked the court to acquit her client for lack of proof. There is no proof that he used violence or that he threatened her. This is a case of two drunken people who were fooling around. When she did not want to go further, my client stopped. It remains her word against his.”

Judge mr. M. Keppels withdrew to think about the evidence presented to the court, but when she returned she quickly offered relief to the defendant by pronouncing her verdict. “The plaintiff does not remember exactly what happened. The video footage does not even confirm what the plaintiff and the defendant have stated. When she wanted to get away from the situation she was able to do so with relative ease. Considering everything I acquit the defendant.

 

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Comments (1)

 

  1. remco says:

    The women is typical liar and the prosecutors in St Maarten are complete waste of time. Trust me I know, I am married to a black woman and ze liegen dat het gedruckt staat.