The abuse took place during a carnival night in 2012. The duo picked up the drunk victim while on duty at a disco to give her a ride.
‘Brought to guest address’
According to Sander L. (47) and Bidjaykoemar D. (49), they took the woman directly to her lodging address in Raalte that night. According to the court, this explanation is not consistent with the data from the tracking system in their car. This shows a ride from the disco to Wijhe. Data from the woman’s telephone also indicate a trip to the Overijssel village.
According to the former agents, the system and the data are not reliable. L. stated that he had been in Wijhe that night. He wanted to search for the body of a missing man near the IJssel. The court does not find this plausible.
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The sperm of D. found on the woman’s coat, according to the court, matches the woman’s statement. According to D. that must have come from the back seat. He had had sex with a colleague in the car before his shift, says D.
Report falsified
It is also established before the court that L. and D. after their service forged a police report to conceal everything. The men have discredited the police and violated trust and respect, the court finds.
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According to the judge, there is no question of rape. The woman stated that she did not resist. She filed a report the next day sober.
Lower penalty
The penalty is six months lower than initially. The court in Zwolle was sentenced to 2.5 years in prison in 2015. The Public Prosecution also demanded this sentence at the court in Leeuwarden.
The court of appeal takes into account that the appeal took a long time due to additional investigations. The agents were fired by their force in 2012. The court also weighs that in. This means that the duo has also felt the consequences, the judge finds.
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