Man sentenced for exposing himself to elderly lady

POSTED: 09/10/12 12:09 AM

St. Maarten / 7 Sept. 2012 – Michael Marcelino Kruythoff seems unable to stay out of trouble. Yesterday he earned himself another 3 months in jail for indecent exposure to a 78-year-old handicapped woman.
On July 11, Kruythoff, 53, had entered the woman’s house. He found her sitting in a chair. The woman is hardly able to walk and she had no opportunity to get away from her intruder. Kruythoff took his penis out of his trousers sitting close to his frightened victim. Because he also briefly touched her legs, prosecutor Dounia Benammar considered proven that the defendant had committed an indecent act.
Turned down by the prosecutor’s office and yesterday also by Judge Tamara Tijhuis. “She has already made a statement,” the judge said. “And I do not see that she will make a significant different statement as a witness.”
Prosecutor Benammar considered the charges proven based on the very specific statements made by the victim and her daughter. “The defendant was in the house and the victim was unable to get away from the situation,” she said.
Kruythoff has a long criminal record with several sexual offenses dating back to the nineties of last century – among them one case of rape.
“The level of sexual abuse remained limited and the physical contact was also limited. But this violates the social-economic standard,” the prosecutor said. She demanded 2 years imprisonment against the defendant.
Attorney Hatzmann noted that contact is not decisive for sexual abuse. “It is amazing,” he said. “For public indecency offenders are taken to the police station, held for six hours and then sent away the difference with sexual abuse is significant and that is hard to explain to a layman.”
Hatzmann referred to the Bobby Velasquez rape case that ended with a 15 month prison sentence, of which 12 months were suspended. “Rape is a step higher from what my client did. And this was the rape of a 17-year old family member. The demand of the prosecution was hardly higher than the sentence.”
Hatzmann said that many people had addressed this verdict with him. “People called me on it on the streets. They talked about class justice. My client is not a businessman like Bobby V., he is a poor man.”
Hatzmann labeled the prosecution’s demand against this background “shocking,” but prosecutor Benammar pointed out that Bobby V., unlike the defendant, does not have a criminal record that runs four pages.
Judge Tijhuis found the limited physical contacts between Kruythoff and his victim reason to go significantly below the prosecutor’s demand with a sentence of 3 months imprisonment. “The complaint is detailed and supported by other evidence,” she said. “What the defendant did creates an extreme feeling of unsafety, especially when this happens in your own house.”

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