2.3Het Hof heeft de volgende bewijsmiddelen gebruikt:
“3. Proces-verbaal van aangifte van [slachtoffer 1] van 2 februari 2022 (bijlage 1), voor zover inhoudende:
I came home from work on Thursday (het Hof begrijpt: op 27 januari 2022). My 8-year-old daughter came to me. She told me that they were outside playing and when she went inside the house she saw [verdachte] watching porn. She told me that [verdachte] was naked and then he placed his penis inside of her mouth. I immediately went to him. I told him that my daughter had told me that he had put his penis in her mouth and he replied that he didn't know what she was talking about. When I continued asking questions and got angry he said that he had on porn and she walked in on him naked. My daughter was present when he said this. I went back to my daughter and started asking her more questions but she shut down and didn't want to talk anymore.
My 11-year-old daughter told me that she was outside and when my 8-year-old daughter came back outside she told her that daddy had put his penis in her mouth. [verdachte] was present while I was questioning the kids.
After [verdachte] was arrested my 8-year old daughter told me that she had changed her story because [verdachte] had told them to do so. She said that after I had left the house that he came back and told them that. I asked my 11-year-old daughter and she too confirmed that he did tell them that. So I asked the 8-year-old to tell me exactly what had happened, where [verdachte] was standing and all that. Then she told me that he had tied an orange bandana over her eyes and placed his penis in her mouth. Then he held on to the back of her head and was moving her head up and down on his penis. I do have an orange bandana. She said that when she would pull her head backwards that he would keep pulling her head back on his penis. I asked her if she was sure that it was his penis and she said yes because she could feel it in her mouth.
4. Proces-verbaal van verhoor getuige [slachtoffer 1] van 4 februari 2022 (bijlage 2), voor zover inhoudende:
Verhoor [slachtoffer 1] , geboren op [geboortedatum] 2013.
"I asked him (het Hof begrijpt: verdachte) if I could go to the bathroom. After when I came inside, when I was done in the bathroom, he was standing, he pushed me to the bed. And then he covered my eyes and he put something in my mouth. And when he was done he went to the bathroom and take a bath.
5. Proces-verbaal van 2e verhoor getuige [slachtoffer 1] van 13 september 2023, voor zover inhoudende:
I forget his name. I have a terrible memory. It is complicated for me to remember. He was my mother’s boyfriend. He is now in jail. He did inappropriate stuff. With me and my sister [slachtoffer 2] . She told me one day.
Who did you tell about the inappropriate things? Mommy and my sister.
What do you remember? I couldn’t have seen anything cause everytime he would cover my eyes. I couldn’t have seen anything because everytime he took either a t-shirt or cloth and put it around my eyes I can’t really see.
What did you tell her (mommy)? He was doing inappropriate stuff.
And how old were you when this inappropriate thing happened? I was seven.
6. Proces-verbaal van 1e verhoor getuige [slachtoffer 2] van 4 februari 2022 om 08:51 uur, voor zover inhoudende:
[slachtoffer 2] : All I know is about 1 time about my sister and stuff.
[slachtoffer 2] : She say she needed to use the bathroom. My stepfather open the door. And she say when she finish he told her to come, and he lay her on, on the bed. And she say he put his thing in her mouth. And then afterwards when I look inside. Because he had open the door after, and when I look inside, I saw her putting on her skirt. But she was supposed to put on her skirt in the bathroom.
[verbalisant 1] : Ok. What thing was she talking about?
[slachtoffer 2] : His private part
[verbalisant 1] : His private part. Did she tell you that it was his private part? Or you think that it was his private part that she was talking about?
[slachtoffer 2] : She told me
[verbalisant 1] : who did you tell about what your sister told you?
[slachtoffer 2] : I didn't tell no one
[verbalisant 1] : You didn't tell no one. Ok you didn't tell your mother either?
[slachtoffer 2] : My sister told my mother
[verbalisant 1] : When did your sister tell you about it.
[slachtoffer 2] : Right after, when I asked her why she putting on her skirt.
7. Proces-verbaal van 2e verhoor (feitelijk 3e) getuige [slachtoffer 2] van 13 september 2023, voor zover inhoudende:
Who is [verdachte] ? Somebody who did something to me and my sister.
[verbalisant 2] : Do you know if [verdachte] did it to anybody else?
[slachtoffer 2] : Only my sister.
[verbalisant 2] : Your sister.
[slachtoffer 2] : [slachtoffer 1] .
[verbalisant 2] : How did you know he do something to [slachtoffer 1] ?
[slachtoffer 2] : She told me.
[verbalisant 2] : What did she say?
[slachtoffer 2] : She said when we were outside because he had locked the on us when we were outside.
[slachtoffer 2] : That he lock the door on us outside cause I think he was cleaning and she asked to go to the bathroom and he let her in. And she said that he put something over her eyes and put something in her mouth.
[verbalisant 2] : Ok.
[slachtoffer 2] : and afterward she, we saying why she taking so long and after she came out we see she button up her or putting down she clothes.
[verbalisant 2] : And then when she came outside, she was.
[slachtoffer 2] : It was like, I don't know if she had a clothes on in the room, but she was like she had had shirt up and when she came outside she was like pulling it down.
8. De verklaring van de verdachte ter terechtzitting in hoger beroep:
Ik was die dag, 27 januari 2022, porno aan het kijken en lag naakt op bed te masturberen, toen [slachtoffer 1] binnen kwam.
Ik had de kinderen buiten op het terrein gezet omdat ik aan het schoonmaken was. De deur was dicht, ik dacht dat de deur op slot zat.
[slachtoffer 1] zal hebben gezien dat ik een blowjob aan het kijken was, want de televisie was aan en ze is langs de televisie naar het toilet gelopen.
Ze kwam binnen, ze zag wat op de televisie was en wat ik aan het doen was.
Ik heb tegen haar gezegd niets aan haar moeder te vertellen.”