This is the tricky question at the centre of a court case, which began on Monday.
A 26 year old man is accused of raping a now 22 year old woman at the Bouillon Park&Ride in April 2017.
The testimonies of the two parties differ greatly: while the woman said that the sexual intercourse was not consensual, the man claimed that it was. What is clear, is that they had sex in the defendant's car, that the doors of the car were locked, that the woman was drunk and had exited the nightclub voluntarily in the company of the defendant.
On Monday (May 13), the woman testified that she had initially told the man to stop when he touched her, but that she didn't do anything further when he didn't. She had been drinking and wasn't too bothered by it. When the man told her that he needed to get something from his car, she tagged along. As they reached the car, the man told her "Sit down!", shut the door and took her phone away. She didn't mind the kisses that followed, but made it clear that she had rejected further advances. The man persisted and she said she was unable to defend herself. Despite her saying no, the man engaged in sexual activity with her. Then she tried to get out of the car, but the door wouldn't open. The man then unlocked the doors and she left the car. She had asked for the guy's name, which she understood to be Tino, and then she left quickly. She then hid in the nightclub's bathroom until the police arrived.
At the beginning of the trial, the defendant said none of that was true, but he later claimed that he had done nothing bad. On the contrary, he had been considerate and stopped when he realised that something was amiss. He said that he didn't understand why the woman would now make such claims. The judges pointed out that he was contradicting himself: at the start of his deposition he had claimed to have been surprised when the police arrived, as he didn't understand why they would be there. Later, he had explained that a friend of the woman had already confronted him about the rape in front of the nightclub.
The police investigator in charge also declared that a gynaecologist had detected injuries on the young woman immediately after the alleged offence. The man was unable to explain how these had happened.
The trial will continue on Tuesday 14 May.