Brussels (Brussels Morning) – A man who pretended to be someone other than himself on the dating site Tinder was acquitted of raping his date. The criminal court did not find that there was a trick.
How did the defendant deceive his date on Tinder?
The defendant used photos of someone else on his Tinder profile, causing his date to think she was chatting with a muscular, bearded man of Italian origin. On November 9, 2018, they met in the evening at his store in Antwerp.
The woman had been instructed via chat messages to lock the door and to blindfold herself. Then she had sex with her date. When she removed the blindfold afterwards, a completely different man stood in front of her.
Why did the woman feel cheated and report rape?
The woman felt cheated and reported rape. She would never have had sex with the defendant if she had known he looked like that. The public prosecutor also believed that the defendant had used a trick, as a result of which she had not given valid consent. The prosecutor had asked for a two-year prison sentence.
How did the defence argue against the accusation?
According to the defence, the defendant had not used any trickery. He had just imagined himself to be more handsome than he actually was. “The criminal file shows that our client’s appearance was not decisive for his date’s consent. She found it exciting to meet someone unknown and maintain the mystery surrounding it,” said his lawyers Sanne De Clerck and Sam Vlaminck. “Afterwards there was disappointment. But consent cannot be withdrawn afterwards.”
They also argued that consent cannot be withdrawn retroactively and asked for an acquittal.
What was the defence’s perspective on the use of dating apps?
The criminal court in Antwerp found that there was no ruse and acquitted the defendant. “If this had led to a conviction for rape, it would have been particularly far-reaching,” said De Clerck.
De Clerck believes that the judge “has properly taken into account the reality of dating apps”. “There are risks associated with online dating and some critical attitudes can also be expected from adults. This ruling is a good example that with the new sexual criminal law we are ready for the challenges that the current reality entails,” said De Clerck.
