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Netherlands: Court admits sentencing Afghan rapist to light sentence to avoid deporting

In 2016, the Amsterdam District Court sentenced a 38-year-old Afghan asylum seeker, who raped an 18-year-old girl, slightly mentally disabled, to a lighter sentence to prevent losing his residency permit.

The victim and her father are angry. ‘Maybe that’s normal in his country, but not here. You have to throw that kind of people out of the country.’ Their lawyer, Richard Korver, thinks that ‘the fact of losing a residence permit in a crime as serious as rape should not be taken into consideration’.

(…) While the prosecutor asked for two years in prison, the court decided to sentence the man to a lower sentence to avoid his expulsion. The Afghan was sentenced to 20 months in prison. ‘The court considers two-year prison sentences as the lower limit for vaginal or oral rape.

In the light of these circumstances, the District Court considers that the intention is not to impose such a penalty on the accused, as it has considerable consequences for foreign nationals,’ the prosecutor said. The Dutch government has requested ‘clarification’ from the Ministry of Justice.

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