Among other things, the man is accused of the rape of a 14-year old girl in Noertzange in October 2018. He allegedly also showed the girl pictures depicting child pornography on his mobile phone.
According to the statements of a neuropsychiatrist, the man had "an intellectual handicap". This raises the question to what extent the man can be held criminally liable.
The defendant met the girl during a village fair, according to the girl's grandmother. The man owned a horse and invited the girl to come with him to see it, an offer which the girl initially refused. The grandmother stated that she still blames herself for having encouraged her granddaughter to go with him. She stated that the girl had lost her bubbly personality and had become reserved since the incident.
The girl's mother stated that, two years ago, she received a phone call from her daughter who screamed "He touched me!". She began questioning her daughter, who then told her what had happened. The mother is seeking €10,000 in damages for her daughter, who gave her own account of the incident behind closed doors.
At the beginning of the trial, a neurologist stated that the defendant had been continuously receiving treatment since his birth and visited specialised schools for people with mental disabilities. He explained that the man was "disabled enough to be unable to live autonomously", but not known to be impulsive or aggressive.
The defendant explained his own account to a neuropsychiatrist as follows: The girl said that she had a headache, and he proceeded to massage her neck. He slowly went down her back and the child did not object until the assault when she cried "Stop it!" and ran away.
According to the expert, the defendant's handicap led to a change in the man's ability to judge the situation. However, the defendant was aware that he did something that was not right and that he was not supposed to do. The psychiatrist also observed a limited criminal liability and suggested in accordance with his colleague that it should be questioned whether the man possessed full freedom of choice over his actions.
An investigator from the judicial police argued on the other hand that the girl's cry "I don't want this!" was unambiguous and that the extremely reserved child had been completely overwhelmed by the situation.
The trial is expected to be concluded on Wednesday afternoon.
