Lawyer Nina Van Eeckhaut about the Pichal case: ‘I dare to think about the perpetrator. He doesn’t choose what attracts him and what repels him.

“It is my fault, and I am rightly paying the price for it,” Sven Pichal’s defense said on Monday. The former VRT radio presenter is being prosecuted for possessing and distributing images of child sexual abuse. The case is being followed very closely. Several media websites set up live blogs to record every statement made by Pichal and the lawyers. “I should never have allowed the fantasies,” Pichal said. ‘Viewing and distributing those images is disgusting. I am grateful that the investigators stopped me.’

A total of 131 photos and videos were found on Pichal’s phone and computer. In some images young children were raped. Investigators estimate that the age of the victims varies between 1 and 17 years. “Some victims were crying and resisting violently, others appeared drugged,” the prosecutor said. ‘Images that turn the stomach.’

If it depends on the Public Prosecution Service, Pichal will receive 37 months in prison, of which one year will be effective, and a fine of 8,000 euros. The verdict will be announced on December 16.

“That seems to me to be in accordance with the usual rates,” says criminal lawyer Nina Van Eeckhaut about the requested period. But the well-known lawyer has been asking questions about the term ‘punishment’ in cases such as that involving Sven Pichal for some time. ‘It is almost a legal-philosophical discussion, but I am in favor of a “measure” rather than a punishment.’

What’s the difference?

Nina Van Eeckhaut: Naturally, the person concerned will perceive a measure as much as a punishment. It’s about the symbolic load. Look, when you commit a certain traffic violation, you are also imposed a safety measure. You will only get your driver’s license back if you take tests. Internment is also referred to as measures, because by definition internees cannot control their own actions. In cases like the one involving Sven Pichal it would be less stigmatizing.

Are you advocating leniency for people with pedosexual thoughts?

Van Eeckhaut: Mildness is too strong a word – although it is never a bad thing to look at yourself and others with a mild lens. And I also know that the children in those images could not count on leniency. Of course, you should have control over your actions and not act on your urges. I especially ask that you look at the problem from a broader perspective. A lens that is not solely aimed at repression, but at the entire context in order to combat the phenomenon more successfully.

I dare to think about the perpetrator. He doesn’t choose what attracts him and what repels him, just like we all do. I don’t want to condone him with that. He must be made responsible, because he is an intellectually strong enough being. But just like with all addictions, it is extremely important that the addict has somewhere to turn.

Are you talking about helplines such as Stop It Now!, where anyone with concerns about sexual feelings and behavior towards minors can go?

Van Eeckhaut: Yes, or even a helpline such as Tele-Onthaal, where professionals can help you. There are people who fight against their urge 364 days of the year, an obsession that they cannot do anything about. The 365^e One day something suddenly happens – an argument, a dismissal, a shock – that makes that person succumb. Then it must have somewhere to go. Imagine getting a sexual kick out of the images described in the Pichal case. That must be such agony.

Sven Pichal never abused children himself, but owned images. Can the Pichal case be useful to make it clear that merely possessing images is also punishable?

Van Eeckhaut: In that respect it will certainly serve a social interest. Images of child abuse are frighteningly easily available.

And don’t forget: sometimes its owners are not even so-called core pedophiles, but people who are looking for increasingly crude sexual thrills. Drugs certainly have a disinhibitory effect.

Could it be a solution to imitate such images using artificial intelligence? Still sickening, but at least there wouldn’t be any casualties.

Van Eeckhaut: Opinions are divided on this. Some think it could work preventively, others suggest that it is notthe real stuff‘ is, so it wouldn’t help. In any case, it is better to at least think about this than to pretend that pedosexual tendencies do not exist.