Appeal Court finds she knew her then-husband was abusing girls entrusted to their care; delays in proceedings reduce prison term by six months.
PHILIPSBURG:--- The Court of Appeal has sentenced a woman to 30 months in prison for repeatedly sexually abusing a minor and knowingly allowing her then-husband to repeatedly rape two other young girls entrusted to their care.
The judgment, delivered on October 20, 2026, and published on October 27, overturns a November 2023 ruling that had acquitted the woman of most charges and imposed a six-month suspended prison sentence, two years’ probation, and 200 hours of community service for one offense.
The prosecution appealed against that ruling. On appeal, the Court found four counts proven and acquitted the woman on two others.
The published judgment anonymizes the defendant and the victims.
Court: She knew and failed to protect the children
Central to the appeal ruling was the Court’s finding that the woman knew her then-husband was sexually abusing two young girls staying in their home and deliberately allowed the abuse to continue.
The woman denied knowing about the abuse. However, the Court concluded that the evidence established her knowledge beyond reasonable doubt when considered together.
According to the judgment, she helped arrange the girls’ care, their return visits, and efforts to prevent them from speaking about what happened.
The Court also considered the home's small size and layout, with bedrooms next to each other and no intervening hallway. Some abuse occurred in the couple’s shared bed while the woman was present.
In one child’s case, the Court found that the woman personally witnessed sexual touching but continued bringing the girl to the home.
By accepting responsibility for the children’s care, the woman had assumed a special legal duty to protect them and take steps to stop and prevent abuse, the Court ruled.
Instead, she knowingly maintained her then-husband’s access to the girls. Under those circumstances, her failure to intervene amounted to intentionally providing an opportunity for the repeated rapes.
The Court therefore convicted her of complicity in those offenses.
Direct involvement in abuse of another minor
The woman was also convicted of repeatedly sexually abusing another girl, both individually and together with others.
Those convictions concerned conduct between 2006 and 2010, while the victim was a minor entrusted to her care.
The complicity convictions involved abuse of two other girls during separate periods between 2014 and 2020. In assessing the underlying rapes, the Court described children between five and eleven years old who depended on the adults caring for them.
The children often stayed in the home for entire weekends or longer. Their young ages, dependence on their caregivers, and the nighttime circumstances of the abuse made it difficult for them to escape or resist, the judgment states.
The Court found that the woman gravely failed in her responsibility toward children who should have been safe in her care.
Prison sentence reduced because of delays
The prosecution requested an eight-year, two-month prison sentence. The defense sought acquittal on all charges and alternatively argued for a reduced sentence.
The Court considered 36 months’ imprisonment appropriate before accounting for delays in the proceedings.
The first-instance proceedings exceeded the applicable two-year reasonable period by more than five months. The appeal proceedings exceeded that period by more than ten months.
Finding no special circumstances justifying those delays, the Court reduced the sentence by six months to 30 months. Time spent in police custody will be deducted.
In determining the sentence, the Court also considered the woman’s former dependence on her then-husband and her current responsibility for a daughter requiring continuing, substantial medical treatment.
Nevertheless, the judges found that the seriousness of the offenses required an unconditional prison sentence. They also noted that the woman showed little understanding of the gravity of her conduct and its consequences for the victims.
Two acquittals and compensation awards
The Court acquitted the woman of a separate allegation that she personally abused another minor because there was insufficient lawful evidence.
It also acquitted her of complicity in the abuse of a further child. On that count, the Court found insufficient evidence that the abuse occurred in her home or within her sphere of influence. Her presence at the events described in the evidence did not, by itself, establish that she intentionally assisted.
The Court awarded two victims Cg 20,000 each for nonmaterial harm, plus Cg 1,000 each in legal costs.
The Court found that the nature and seriousness of the proven abuse supported compensation even without medical documentation, recognizing that childhood sexual abuse can have lasting consequences into adulthood.
Amounts sought beyond the awards may be pursued through civil proceedings. The court declared a separate claimant’s compensation request inadmissible in the criminal proceedings after the woman was acquitted of the related charge.
Source: Court of Appeal judgment ECLI:NL:OGHACMB:2026:298, case H-198/23, delivered October 20, 2026.