On the night of October 29, 2019, Sylvain (assumed first name) was suspected of having raped his little sister.
As sadly usual in a rape case, the version of the two camps opposed before the Criminal Court of Charleroi. On the one hand, the sister recounted a sexual assault while she was in a state of intoxication. It is thanks to flashes, which occurred during the night, that the young woman became aware of the gravity of the facts. “She vomited in her sleep and regained her senses around 3 a.m. And there, she had flashes where she saw her brother once more on her, raping her”specified Me Rooselaer, civil party.
The lawyer also recalled the particular attitude of the defendant and brother of the victim, just before the facts. “He asked her questions regarding her romantic and sexual life. And what regarding the SMS sent to the victim: “mash, I want now with what you just let me go””.
A pronounced acquittal
On the other side, Sylvain had admitted an act of penetration lasting a few seconds, but on the initiative of his little sister, who had returned home drunk. According to him, his sister was enterprising by lowering her pants and forcing her hand to go towards her sex.
The prosecution, during its indictment, recalled the state of vulnerability of the victim given his consumption of drink and considered that the latter was not in a condition to consent to anything.
A minimum sentence of 4 years in prison was required for the incest committed on the sister. Ultimately, the court acquitted the defendant. The prevention is not sufficiently established, the file does not sufficiently demonstrate the lack of consent of the victim and the contradictory versions might not be decided.
> 0800/98.100: SOS Viol is a listening line/or a online chatanonymous, to help anyone who is a victim of sexual violence.