People who pay to have sex with minors often punished too lightly, say researchers

People who have paid sex with a minor often receive a much lighter sentence than the Public Prosecution Service (OM) recommended. Paying for sex with a child is a criminal offense, and the courts must impose a prison sentence. In 60 percent of cases, the judge imposes one day in prison combined with community service, according to a study by the Center for Child- and Human Trafficking (CKM).

Dutch courts must view the customers of children forced into sex work differently, according to Shamir Ceuleers of the CKM. “International law requires that customers be seen as one of the core causes of human trafficking. Yet, in the Netherlands, the judge seems to regard customers mainly as innocent bystanders who are only punishable because the law prescribes it.”

The CKM studied files from over 100 lawsuits from 2015 to 2019 involving 40 children. For each file, the researchers looked at the penalties demanded and imposed, the characteristics of the convicted persons and the children involved, and how they made contact.

The convicts were all men with an average age of 37. At the time they paid to have sex with a minor, most were in a relationship and had children. A third already had a criminal record.

Almost all the minors involved are girls. Most were 16 or 17 years old, but there was also a 13-year-old child. The minors mostly lived at home with their parents.

In most cases, a third person arranged contact between the child and the customer. In 80 percent of cases, the first contact was made via a website that offers sex advertisements.

The OM typically demands much higher sentences than imposed in these cases. In almost all studied cases, the sentence demand was over a month in prison.

The OM has been working hard to tackle the customers who have paid sex with children since 2015, Warner ten Kate, a human trafficking prosecutor at the OM, told NOS. “There is a big difference in insight between the judiciary and us,” the prosecutor said.

Ten Kate referred to a case in which a 16-year-old girl was forced to have paid sex with dozens of men in a hotel in Valkenburg. All the men involved got one day in prison with community service, all the way to the Supreme Court. “We have since taken more cases to court and drawn up our own guidelines for them,” Ten Kate told the broadcaster. “But the judge does not always follow us in sentencing.”

Judge Jacco Janssen, speaking as a spokesperson for his colleagues, told NOS that a significant factor in sentencing is whether the customer knew the girl was underage. “If the suspect really knew that she was a minor, he will receive a high prison sentence, with four months as orientation. But if it is unlikely that the suspect knew, then we will impose a lower sentence.”

He added that community service is also a serious punishment. “It also has a preventive effect. A prison sentence encourages the convict to relapse. With community service, you can stay with your family and work, which makes life better after the sentence.”