Belgian artist and choreographer Jan Fabre, accused of sexual harassment within his dance company, was sentenced on Friday to an 18-month suspended sentence by the criminal court in Antwerp, in northern Belgium.
A sentence of three years in prison had been requested against the visual artist, a figure of contemporary art, implicated by twelve ex-dancers from his company Troubleyn.
The court, however, considered five of the charges dating between 2002 and 2005 to be statute-barred and acquitted him on a sixth.
On the other hand, he retained the indecent assault for a kiss with the tongue not consented to a complainant and the violence or humiliation suffered by five other dancers.
The Flemish artist, who denies all the charges brought against him, was absent at his trial as well as at the pronouncement of the sentence.
“Right size”
Caught up by the #metoo wave in 2018 and tried for “violence, harassment or sexual harassment at work”, the 63-year-old Fleming faced up to five years in prison.
This judgment is “an important step” and “recognition” for the victims, reacted An-Sofie Raes, one of the lawyers for the civil parties, quoted by the Belga press agency.
“The victims of these behaviors now know that such acts are punishable,” she added.
“My client will surely be disappointed with the sanction, but it has been reduced to its proper size,” said the artist’s lawyer, Eline Tritsmans, stressing that the “caricatural” image of Jan Fabre n was “not selected”, according to Belga.
Taking the example of the reproach “no sex, no solo” made to the artist, which summarized in the eyes of the complainants his tendency to harassment, his lawyer was pleased that he “does not find himself” in the judgment .
The 18-month sentence is accompanied by a stay of execution for a period of five years, during which Jan Fabre is deprived of his civic rights, specifies the copy of the judgment sent to the press.
The court considers that this sentence must “make Jan Fabre aware” of “the seriousness of his acts” and indicates that his decision takes into account “their repetitive nature” and “the impact” they had on the victims.
On March 25, the first day of the trial, he was portrayed by the civil parties as a tyrannical man, regularly humiliating the dancers and even practicing sexual blackmail on some.
Several plaintiffs recounted photo sessions of an erotic nature directed by the choreographer, under the “false pretext” of publication in an artistic magazine. Some sessions ended with sexual intercourse.
Ignoring his advances could be worth bullying and brutality, testified one of them.
“Culture of Fear”
After this overwhelming portrait, three years in prison had been requested by the prosecutor. She found the testimonies of the victims “very credible” and criticized the choreographer for having established “a culture of fear” in the company.
His defense delivered during the trial a completely different image of Jan Fabre, portrayed as “romantic anar”, but certainly “not a criminal”.
Me Tritsmans admitted the “strong character” of the artist, known for his provocations, and the fact that working with him, “is to give 100%” in grueling performances where one aims “the real exhaustion , real emotions.
“It is not here about helpless minors who are abused, but about strong, educated women who choose to go and do radical dance with Jan Fabre”, she pleaded.
The charges relate to the period from 2002 to 2018. In June 2021, after three years of investigation, the Antwerp Labor Inspectorate, a specialized section of the public prosecutor’s office, decided to refer Jan Fabre to criminal justice.
The works (drawings, sculptures) of this protean artist who explore the themes of death, metamorphosis or religion have been regularly exhibited in Europe, from Venice to Paris via Saint Petersburg.
In 2002, he had covered the ceiling of the hall of mirrors of the royal palace in Brussels with 1.4 million beetle elytra with blue and green reflections, one of his most famous achievements.