‘I was strangled, very long and very hard!’ — Dutch victim storms out of court after Somali migrant escapes attempted murder charge

"I can’t do this anymore! What you are saying isn’t true!" the victim cried to the presiding judge as he said there was insufficient evidence that the migrant defendant had intended to kill

By Thomas Brooke
6 Min Read

A woman who survived a violent attempted rape in Amsterdam in May 2024 left the courtroom in tears and anger on Tuesday after judges refused to convict her attacker of attempted murder or manslaughter, despite evidence that she was strangled for several minutes and repeatedly threatened with death.

AT5 reported how the Amsterdam court sentenced Mohammed H. to three and a half years in prison and compulsory psychiatric treatment for attempted sexual assault. The Public Prosecution Service had sought a five-year prison sentence plus mandatory psychiatric treatment, arguing that the facts supported convictions for both attempted rape and attempted murder.

As the verdict was read out, the victim became visibly distressed and left the courtroom, shouting at the sentencing judge. “I can’t do this. I can’t do this anymore! What you are saying isn’t true! I was strangled, very long and very hard,” she said. The presiding judge replied, “We concur with that assessment.” The woman responded, “I don’t hear you concur,” to which the judge answered, “Hmm.”

The attack took place during the night of May 10, 2024, as the woman was walking home from a café. She noticed a man following her before he grabbed her by the neck and dragged her into Amsterdam’s Westerpark, where he assaulted her and attempted to rape her. During the attack, he repeatedly threatened to kill her, telling her, “You’re going to die tonight. This is your last night!”

According to the case file, the woman was held in a powerful chokehold and beaten for around four minutes. Two nearby residents heard her screaming, and one immediately called 911, later telling police it sounded as if the woman was fighting for her life. After the call, the witness heard nothing for several minutes.

Prosecutors argued that the combination of prolonged strangulation, violence, and explicit death threats demonstrated intent to kill. “It’s only thanks to the complainant’s incredible fighting spirit, the adrenaline she experienced, and the police’s intervention that she’s still alive,” the Public Prosecution Service said when requesting a five-year sentence.

The court, however, disagreed. In its ruling, it stated, “Based on the file, the court cannot establish that he deliberately and knowingly tried to kill the woman.” Although Mohammed H. repeatedly said he would kill her, the judges said these threats could also fit a scenario in which he was trying to force sexual acts and frighten the victim. The court further ruled that it could not establish that there was a significant chance the woman would die.

The victim’s lawyer said the ruling was devastating for his client. “It’s incredibly important to her that she felt the strangulation and that the words were spoken that he would kill her,” he explained. “She felt the chokehold, and to then be told that attempted manslaughter cannot be proven is especially disappointing.” He added that she does not feel recognized as a victim by the verdict.

Both the suspect and the Public Prosecution Service have two weeks to appeal the ruling. As the victim is not a party to the criminal case, she has no right of appeal herself.

The verdict prompted strong reactions from Dutch political figures and activists. Conservative commentator Eva Vlaardingbroek wrote on X, “This keeps on happening over and over again, everywhere in Europe. Our legal systems protect the perpetrators, not the victims. These judges should face justice for their continuous betrayal of European girls getting assaulted, raped, and murdered by migrants.”

Geert Wilders, leader of the Party for Freedom, added: “This country is sick. Seriously sick.”

As reported by Het Parool, the migrant fled Somalia and arrived in the Netherlands at the age of nine. He had an extensive criminal record at the time of the offense, including previous convictions for street robbery and car theft.

He has no fixed abode, was a known drug user, and was diagnosed with a personality disorder with antisocial traits.

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