A Dutchman has asked the Constitutional Court to drop rape charges he is facing in a case before the Magistrates’ Court.

Johan Stellingwerf, 34, was arraigned in June 2013 and charged with rape and defrauding his victim of €25,000. The case is still pending.

The accused argued that the rape charges were “extinct” because the victim had dropped a criminal complaint against him.

The accused argued the rape charges were ‘extinct’ because the victim had dropped her complaint

She had a change of heart two days later when she instructed the police to proceed with the case. If the charges were not declared “extinct” it could lead to an “absurd” situation removing the legal certainty expected during a criminal proceedings and even fuel abuse, the defence submitted. It said the police should have alerted the accused about such a development, noting that the defence only learnt about it when it was too late to object.

In view of this, Mr Stellingwerf claimed that his human rights had been breached and asked the Constitutional Court to order the rape charges be dropped and liquidate damages in his favour.

The application, which was signed by lawyer Jason Grima and legal procurator Daniel Aquilina, was filed against the Attorney General and the Police Commissioner.