PHILIPSBURG, Sint Maarten (OM) – The Court of First Instance has sentenced a family friend to 50 months in prison for serious offences committed against an eight-year-old girl. The suspect was acting as a babysitter at the time of the incident and was found guilty of acts that severely violated the child’s personal and physical integrity.
A key element in the case was forensic evidence. DNA material belonging to the suspect was found on the victim’s clothing, which played a decisive role in corroborating the child’s statement and establishing the suspect’s involvement.
A central legal issue in the proceedings was whether the proven acts qualified as “sexual penetration” under criminal law. The Prosecutor argued that the nature and impact of the acts, as experienced by the victim, met the legal threshold for this qualification.
The Court agreed with the Prosecutor’s position. It ruled that the offence constituted sexual penetration within the meaning of the law. The Court further referred to established Supreme Court jurisprudence, which holds that certain forms of sexual conduct can be legally equated with sexual intercourse due to the seriousness of the violation of sexual integrity (HR 18 May 2010, LJN BK6910).
In addition to the prison sentence, the victim’s compensation claim was partially granted. The Court awarded US $5,000 in non-material damages and US $115 in material damages. A compensation order and statutory enforcement measures were also imposed.
Offences of this nature represent one of the most serious forms of criminal behaviour, according to the Prosecutor’s Office Sint Maarten OM SXM. Crimes committed against children, particularly by individuals in positions of trust, cause long-lasting harm and undermine the fundamental sense of safety within families and communities.
OM SXM emphasized that the justice system will continue to treat such cases with the highest priority and will pursue accountability to ensure the protection of vulnerable victims.
