Utrecht student convicted of rape does not have to go back to prison, appeal court rules

On Thursday, the Court of Appeal in Arnhem ruled that 25-year-old Sam van Z. does not have to return to prison in a Utrecht rape case, RTL reports. The man is accused of not stopping the intercourse when asked by women. He was also accused of sharing an image of child sex abuse.

The case against Van Z. began on an evening in September 2022. A woman allegedly went home voluntarily with Van Z., but, during the intercourse, she wanted to stop, but Z. continued. She then reported the rape to police, after which two other women came forward.

Two years ago Van Z. was sentenced to three years in prison for the rape of the two women. The Public Prosecution Service (OM) had sought four years, but the district court took into account that Van Z. allegedly wanted to change his behavior and was open to treatment. Both the prosecutors and Van Z. appealed.

The appeal was then reviewed on Thursday. In its judgment, it weighed that both incidents began with mutual consent. According to the court, the incidents differ from a rape case in which coercion is present from the start, as in the two incidents in question, the incidents allegedly began with mutual consent. He was acquitted of a third rape due to a lack of evidence.

Van Z. was studying in Utrecht at the time and was a member of the Utrechtsch Studented Corps. After his arrest in 2003, when he was held for seven months, he abandoned his studies and friends in Utrecht, NU.nl reported. The probation service advised that he not be returned to prison.

Van Z. was also tried for possessing and distributing an image of child sexual abuse, which was proven. As a special condition, he is required to report to the probation service and undergo treatment. His substance use will also be monitored.