Acquittal on appeal for 53-year-old Heusden man after doubt over drugging
A 53-year-old man from Heusden-Zolder has been acquitted on appeal of three rape charges. The court found it not proven that he had drugged his victims.
Acquittal on appeal for 53-year-old Heusden man after doubt over drugging
A 53-year-old man from Heusden-Zolder, who recently resided in Scherpenheuvel, was acquitted on appeal of three rape charges on Thursday by the court of appeal. Previously, the district court had sentenced him to ten years in prison.
Carlo P. was tried after allegations that he had drugged women in order to commit sexual acts with them. He approached his targets by posing as a dog trainer and animal lover. His visual disability played a role in gaining their trust.
Three women testified that they lost consciousness after a meal or drink. Upon waking, they noticed they were undressed or had no memory of what had happened. One victim helped the man with paperwork after meeting him while walking her dog. Another woman remembered nothing after drinking iced tea.
Initially, the defendant had admitted that he had a preference for sleeping women and that he used sedatives to take photographs. This resulted in a conviction of ten years.
On appeal, however, his lawyer Brecht Horsten brought to light that the laboratory had found no trace of sedating substances in the body fluids or hair of the complainants. Toxicologist Jan Tytgat testified that there was no scientific evidence of drugging. The defence emphasised that the results of the examination could not be ignored.
The appeal court agreed with this reasoning. Additionally, it noted that the women's testimonies could possibly have been coloured by their knowledge of P.'s earlier conviction. In 2012, he received eight years in prison for similar offences in Ham. The judgment states that although the offences may have taken place, this is not established with certainty. A conviction requires evidence that excludes all reasonable doubt.
Since Thursday evening, Carlo P. has been at liberty.
Source: HBVL
Source: Het Belang van Limburg