this post was submitted on 02 Apr 2025
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Oh wow, something from Belgium showed up here. Obviously most reactions are the same here. But I would urge everyone to read more details about this. As there much more uncomfortable nuance here. One of those being that the dude is also in agreement he did something wrong. He also gave a relatively accurate description of the events of that evening that got proven with phone records and CCTV at different locations. Making his account of what happened at the least somewhat reliable.
Obviously the woman could not consent because she was drunk as fuck. And she's allowed to get drunk as fuck without being taken advantage off. CCTV showed them kissing at the bar they met. Phone records show he tried to call her friend she was supposed to go home with. CCTV shows them going to that friend's dorm and not getting in and waiting there for half an hour. Then they walk back to his place while kissing on the way there. The morning after his messages to her indicate he wants to continue seeing her. (https://m.nieuwsblad.be/cnt/dmf20250402_95297572?journeybuilder=nopaywall but it's in Dutch)
Again, she could not consent, and he as the least drunk of both of them bears the responsibility of this. I do think he should have had some form of punishment above of what he got and for the woman's feeling of safety a restraining order like she asked. And something that would have made mandatory counselling and follow-up possible. Not to mention that although justice in Belgium isn't supposed to be revenge, it should also cause some sort of satisfaction for the victim.
This situation just shows that the definition of rape over the decades has become more complex and nuanced, but unfortunately the tools to deal with this have not. This dude definitely did something wrong, but he's not just a vicious predator.
If they were both drunk, could either of them consent?
And how do you determine who raped who if it's a question about how drunk you were? I have had a lot of nights out in my teens (european), where I have no clue what happened after midnight, but didn't get home until 05:00. If I had sex with someone pretty much equally as drunk, who did the raping?