Dutch prosecutors demand longer sentences in appeal of shocking child abuse case

[News_Editor]

Dutch prosecutors demand longer sentences in appeal of shocking child abuse case

2011-05-19 14:57:09 GMT+7 (ICT)

KELPEN, NETHERLANDS (BNO NEWS) -- Prosecutors in the Netherlands are demanding longer sentences in the appeal of a shocking child abuse case in which a couple sexually abused a six-year-old girl over a period of more than a year.

The crimes happened between January 2006 and July 2007 at a structure in the town of Kelpen, located in Limburg province, when the girl's mother and her boyfriend repeatedly sexually abused the young girl.

The couple has been identified only as Sylvia O., the girl's mother, and Anton S., who is not the father of the victim but was the boyfriend of O. when the crimes took place. They were previously sentenced to 5 years and 6.5 years in prison, respectively.

Both O. and S. appealed their sentencing in September 2009 and their lawyers have urged the court to either sentence them to time already served or to declare them not guilty by reason of insanity.

The couple, during the investigation, refused to cooperate with the forensic psychiatric observation clinic Pieter Baan Center. However, the investigating team concluded after long observations that O. has a borderline personality disorder which is characterized by varying and intense relationships of dependence, a changing self-image, impulsivity and poor reality testing.

"In addition, there is sexual deviant behavior, where there seems excessive preoccupation with sex and exhibitionist tendencies and sadomasochism," the court said in 2009, citing the investigation by the Pieter Baan Center which concluded that O. has a 'greatly diminished responsibility' because of her mental condition. "Furthermore, it seems unlikely that defendant persistently had no awareness of current reality."

According to court records, both defendants repeatedly raped the six-year-old girl with objects such as a vibrator and a butt plug. The victim was also tied up, despite her cries, and forced to stimulate S.' penis.

"The charges against the suspect (O.) are considered proven that with her boyfriend she repeatedly raped and repeatedly committed indecent acts on the victim, the daughter of the suspect," the court said during O's sentencing in 2009. "[The victim] was at the time of these offenses only 6 years old. Defendant and her then-boyfriend have during a period of months repeatedly applied sexual violence against the little daughter of the suspect and used her as a toy for their sexual acts."

"From evidence and the trial it is revealed that the sexual violence [the victim] underwent included the use of items such as butt plugs, dildos, and a whip," the court added. "These objects were, among other areas, inserted with force into the anus of [the victim]. This happened multiple times while [the victim] resisted. As such it was completely clear to the defendants that this happened against the wishes of [the victim]."

"The defendant has, with her accomplice, carried out very serious sexual violence against a small child. A child who should be able to feel safe in her home with her mother, but who instead was seriously sexually abused by her mother and her boyfriend," the court continued in 2009, according to records. "The court therefore expresses her horror of what defendant and co-defendant have done to [the victim]."

To satisfy their own sexual needs, the defendants also recorded their sexual acts in photos and videos to later watch it again. The computer of S. was also found to contain hundreds of photos and tens of thousands of videos of child pornography involving other children, which were not made by the couple.

The investigation began when the aunt of the victim, with whom she often stayed, got suspicious about the behavior of the child. When pressed about it, the then 7-year-old girl told what had happened. The aunt then informed the father of the girl, who contacted police.

The Netherlands' prosecutor's office said it would demand higher sentences during the appeal, despite their opinion that both suspects were not fully accountable due to their mental condition. It said it would demand 7.5 years in prison for S. and 6 years for O.

But in addition to the prison sentences, the prosecutor's office said it would also demand the defendants to be sentenced to involuntary psychiatric treatment known as TBS in Dutch criminal law.

TBS, which literally means 'being placed at disposal', is served at special TBS clinics and is for an indefinite time. The court evaluates conclusions made by TBS clinics every few years to determine if those being held are able to be released into society.

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