Appeal Court finds she knew her then-husband was abusing girls entrusted to their care; delays in proceedings reduce prison term by six months.

PHILIPSBURG:--- The Court of Appeal has sentenced a woman to 30 months in prison for repeatedly sexually abusing a minor and knowingly allowing her then-husband to repeatedly rape two other young girls entrusted to their care.

The judgment, delivered on October 20, 2026, and published on October 27, overturns a November 2023 ruling that had acquitted the woman of most charges and imposed a six-month suspended prison sentence, two years’ probation, and 200 hours of community service for one offense.

The prosecution appealed against that ruling. On appeal, the Court found four counts proven and acquitted the woman on two others.

The published judgment anonymizes the defendant and the victims.

Court: She knew and failed to protect the children

Central to the appeal ruling was the Court’s finding that the woman knew her then-husband was sexually abusing two young girls staying in their home and deliberately allowed the abuse to continue.

The woman denied knowing about the abuse. However, the Court concluded that the evidence established her knowledge beyond reasonable doubt when considered together.

According to the judgment, she helped arrange the girls’ care, their return visits, and efforts to prevent them from speaking about what happened.

The Court also considered the home's small size and layout, with bedrooms next to each other and no intervening hallway. Some abuse occurred in the couple’s shared bed while the woman was present.

In one child’s case, the Court found that the woman personally witnessed sexual touching but continued bringing the girl to the home.

By accepting responsibility for the children’s care, the woman had assumed a special legal duty to protect them and take steps to stop and prevent abuse, the Court ruled.

Instead, she knowingly maintained her then-husband’s access to the girls. Under those circumstances, her failure to intervene amounted to intentionally providing an opportunity for the repeated rapes.

The Court therefore convicted her of complicity in those offenses.

Direct involvement in abuse of another minor

The woman was also convicted of repeatedly sexually abusing another girl, both individually and together with others.

Those convictions concerned conduct between 2006 and 2010, while the victim was a minor entrusted to her care.

The complicity convictions involved abuse of two other girls during separate periods between 2014 and 2020. In assessing the underlying rapes, the Court described children between five and eleven years old who depended on the adults caring for them.

The children often stayed in the home for entire weekends or longer. Their young ages, dependence on their caregivers, and the nighttime circumstances of the abuse made it difficult for them to escape or resist, the judgment states.

The Court found that the woman gravely failed in her responsibility toward children who should have been safe in her care.

Prison sentence reduced because of delays

The prosecution requested an eight-year, two-month prison sentence. The defense sought acquittal on all charges and alternatively argued for a reduced sentence.

The Court considered 36 months’ imprisonment appropriate before accounting for delays in the proceedings.

The first-instance proceedings exceeded the applicable two-year reasonable period by more than five months. The appeal proceedings exceeded that period by more than ten months.

Finding no special circumstances justifying those delays, the Court reduced the sentence by six months to 30 months. Time spent in police custody will be deducted.

In determining the sentence, the Court also considered the woman’s former dependence on her then-husband and her current responsibility for a daughter requiring continuing, substantial medical treatment.

Nevertheless, the judges found that the seriousness of the offenses required an unconditional prison sentence. They also noted that the woman showed little understanding of the gravity of her conduct and its consequences for the victims.

Two acquittals and compensation awards

The Court acquitted the woman of a separate allegation that she personally abused another minor because there was insufficient lawful evidence.

It also acquitted her of complicity in the abuse of a further child. On that count, the Court found insufficient evidence that the abuse occurred in her home or within her sphere of influence. Her presence at the events described in the evidence did not, by itself, establish that she intentionally assisted.

The Court awarded two victims Cg 20,000 each for nonmaterial harm, plus Cg 1,000 each in legal costs.

The Court found that the nature and seriousness of the proven abuse supported compensation even without medical documentation, recognizing that childhood sexual abuse can have lasting consequences into adulthood.

Amounts sought beyond the awards may be pursued through civil proceedings. The court declared a separate claimant’s compensation request inadmissible in the criminal proceedings after the woman was acquitted of the related charge.

Source: Court of Appeal judgment ECLI:NL:OGHACMB:2026:298, case H-198/23, delivered October 20, 2026.

MARIGOT:--- The Executive Council of Saint-Martin approved €287,000 for film and audiovisual projects and €30,500 for two sports associations at its October 22, 2026, meeting, according to a communiqué from the Collectivité.

The session examined 17 deliberations covering training assistance, development applications, property transactions and office leases. Among the planning decisions, the council tacitly approved two applications after their processing deadlines had expired.

The film funding covers project development, short- and long-form production, and promotion through the territory’s cinema and audiovisual assistance fund.

A total of €52,000 was approved for development, distributed as follows:

• SAS AN32 COMMUNICATION: €15,000 for “Retour au Pays” and €10,800 for “Snowy Season.”
• SAS AUBE FILMS: €15,000 for “Push / Au-delà du talent.”
• SAS KPM PRODUCTION: €11,200 for “Bicéphale - Where Over The World.”

Another €110,000 was allocated to short-form production, with €30,000 awarded to SAS AUBE FILMS for “It Takes A Village” and €80,000 to SASU CLAIR D’Y VOIR for “Flè A Mal Papaye.”

CARIBCINE PROD received approval for €120,000 in long-form production assistance for “To Us: Saint-Martin.” An additional €5,000 was approved for SAS AUBE FILMS to promote “Héritage: les portes du retour.”

The council approved three-year funding agreements for the supported projects and authorized the Territorial Council president to sign them.

According to the Collectivité, the assistance programs, developed with support from France’s CNC, aim to strengthen professional skills, support employment, attract filming and showcase Saint-Martin’s talent, heritage and landscapes.

The council also approved a second round of 2026 sports grants, awarding €16,500 to SPEEDY PLUS and €14,000 to VÉLO CLUB DE SANDY GROUND.

SPEEDY PLUS will receive €1,500 for operating expenses and €15,000 for the Saint-Martin–Sint Maarten invitational athletics meeting. The Sandy Ground cycling club’s allocation comprises €6,000 to introduce young people to cycling and €8,000 for regional, national and international competition.

The communiqué says 45 associations submitted funding requests for 85 projects this year. The territory’s planned sports funding totals €624,800: €182,000 for leagues, €422,800 for sports associations and €20,000 for exceptional grants.

A first allocation approved on July 16 awarded €286,900 to 36 associations.

On planning matters, the council acknowledged tacit approval for a five-lot subdivision in Grand-Case, noting that the application’s processing deadline expired on October 5.

It also acknowledged tacit approval for modifications to an existing fence at Parc de la Baie Orientale, where the stated processing deadline expired on October 17.

The council approved transferring existing building permits for two houses comprising three dwellings with a pool at Hope Hill, and for an individual house with a pool at Happy Bay. The communiqué states that the original permit conditions and validity periods remain applicable.

The council approved a separate Grand-Case application involving subdivision restructuring and bringing a planning authorization into compliance, subject to conditions. The beneficiary must arrange the required road and public utility connections and obtain any necessary permissions to route networks across private property.

The council rejected an application at Friar’s Bay involving a pergola connecting a villa and a bunker, together with a collective wastewater treatment system. The communiqué did not provide a detailed reason for the refusal.

It also declined to exercise the Collectivité’s urban preemption rights on three proposed property transactions.

On training assistance, the council approved seven individual training grants and two exceptional training grants. However, the communiqué gives two different totals: €17,296.19 in its account of the commission’s recommendation and €11,225.13 in the paragraph describing the council’s allocation. The document does not explain the discrepancy.

The Collectivité linked the training support to persistent unemployment, reporting more than 6,000 people registered with France Travail across all categories. It described the territory’s unemployment rate as four times that of mainland France.

The council also authorized a one-year lease with the HUNT property owners for about 120 square meters of ground-floor office space at 6 Rue Fichot in Marigot, to relocate land department personnel.

The premises include a reception area, four offices, storage space, a break area, and restrooms. The council approved rent of €2,000 per month, or €24,000 annually, excluding taxes and charges, payable every six months. The agreement also provides for a €2,000 security deposit, with the Collectivité bearing water and electricity costs.

Finally, the council corrected an earlier decision concerning premises leased from SCI CHERON. The arrangement had been described as a lease renewal, although it concerns new, larger office space not previously occupied by the Collectivité. The correction is intended to allow the Collectivité to regularize rental payments through the public treasury.

MARIGOT:---  The Executive Council has revoked an earlier planning approval for a project in Concordia after a review uncovered discrepancies in the property’s legal status, according to the Collectivité’s communiqué on decisions taken October 15, 2026.

During the same session, the council formally acknowledged the dissolution of Saint-Martin Compétences–CARIF OTEF, approved €11,225.13 in individual training assistance and declined to exercise its property preemption rights in seven transactions. The meeting examined eleven deliberations.

The Concordia decision concerns SCI MOVEO SXM, which obtained a favorable decision on October 16, 2025, to regularize and extend an existing swimming pool, demolish an existing roof, and construct a concrete roof terrace. The project involved parcels BW 260, BW 261 and BW 262.

Attorney Delphine Tissot, acting on behalf of a client, challenged that approval in an administrative appeal received on March 25, 2026.

According to the communiqué, the challengers argued that the application inaccurately presented the project site's legal status. They maintained that the parcels formed part of a condominium property, were subject to a right of passage, and that SCI MOVEO SXM did not hold the rights necessary to submit the project under the conditions declared.

The Collectivité said its review gathered documents on the property’s division, ownership, and right of passage, revealing a legal situation different from that presented in the application.

To allow the company to respond, the Collectivité sent a registered letter on May 21, 2026, inviting SCI MOVEO SXM to present observations at a hearing scheduled for June 16 or through another appropriate channel.

The communiqué states that the ordinary deadline for withdrawing the approval had expired and that revocation could legally be considered only if fraud was established. It reports the council’s decision to revoke both the original deliberation and the associated decision of non-opposition to the planning declaration. It does not detail the company’s response or reproduce the council’s full legal reasoning.

The council will formally communicate the decision to SCI MOVEO SXM and its legal counsel.

The council also acknowledged the dissolution of the public interest group Saint-Martin Compétences–CARIF OTEF, citing recurring administrative and budgetary failures to meet regulatory obligations, as well as the director’s resignation in June.

According to the release, the group’s general assembly voted to dissolve at its August 19, 2026, meeting. The stated liquidation period runs from July 1 through December 31, 2026.

A liquidator, designated by the Prefect of Saint-Barthélemy and Saint-Martin and drawn from Guadeloupe’s regional public finance administration, will represent the organization, recover outstanding receivables, settle debts, and manage the disposition of its assets and personnel. The existing accounting officer will serve as the liquidation accounting officer.

The group had three staff members at the time of liquidation: two Collectivité contract employees whose contracts were scheduled to expire on September 30 and November 5, 2026, and one employee recruited directly by the group. The communiqué does not specify their final employment arrangements.

On employment and training, the council approved three individual training grants and one exceptional individual training grant, totaling €11,225.13.

The assistance followed an August 12 review by the Employment, Apprenticeship, Training and Professional Integration Commission. The Commission considered four standard training applications, one of which was rejected, along with one exceptional assistance application.

The Collectivité linked the funding to persistent employment difficulties, reporting more than 6,000 people registered with France Travail across all categories. It described Saint-Martin’s unemployment rate as about four times that of mainland France and said training could improve jobseekers' employment prospects.

On property matters, the council decided not to exercise its urban preemption rights on all seven transactions submitted for review. The mechanism gives the Collectivité priority to acquire qualifying properties for public-interest development purposes.

The council also rejected a planning declaration for a detached additional bedroom and bathroom at Hameau du Pont, citing Article UG-6 of the applicable land-use plan regulations. The communiqué did not explain the specific compliance issue underlying that refusal.

MARIGOT:---  A public consultation on Saint-Martin’s future flag attracted 13,610 votes, with the selection process now moving toward jury discussions and administrative preparations ahead of the flag’s scheduled official installation on December 7, 2026.

In an October 29 press release, the Collectivité de Saint-Martin announced that voting had closed following the consultation held from October 14 through October 21 at www.mysaintmartinflag.com.

The Collectivité described the participation as a demonstration of residents’ attachment to the territory’s future emblem. It thanked those who voted, shared information, and encouraged others to participate, as well as schools, associations, district councils, institutions, and media organizations that promoted the consultation.

Under the competition rules, public votes will be converted into points out of 20 and added to the finalists’ scores. The jury will then meet with the three highest-scoring finalists to discuss the results.

The process will subsequently enter its final administrative stage, including steps to protect the flag and complete the necessary documentation.

The announcement did not identify a winning design or provide a breakdown of votes received by the individual finalists.

The project calendar lists December 7, 2026, as the date for the flag’s official installation. The Collectivité said it will share further announcements through the project’s official channels, including @MySaintMartinFlag.