All non-consensual sex to be punished as rape in new law; Campaign launched against victim blaming
Minister Ferdinand Grapperhaus of Justice and Security presented a new legislative proposal that will make all forms of non-consensual sex punishable as rape. This means that someone can be convicted of rape if they have sex with someone who they should have known did not want to. Knowledge institutes Rutgers and Atria launched a campaign on Friday to bring awareness to, and put a stop to, victim blaming.
In a letter to parliament, Grapperhaus said that the current legal threshold is sometimes too high to handle a rape report, especially in situation where the victim froze with fear and was therefore unable to resist. This bill is meant to offer better protection for victims in such situations.
"Sexually transgressive behavior is too common and the consequences for people are often devastating and long-lasting," Grapperhaus said. "Sex should always be voluntary and equal. That is the norm. If this is not the case and insufficient account is taken of the position of the other, then this will be classified as rape in the new legislation."
This bill is an updated version of one Grapperhaus presented in May, in which sex against the will was made a separate punishable offense. The public debate, and consults with experts that followed showed that a further step was necessary.
The legal model in this new bill has rape as an article, with various types of offense, ranging from 'through negligence' to 'intentional'. The 'through negligence' or 'guilt' variant is when someone should have known that the other person did not want to have sex, but had sex with them anyway. This lowers the threshold for reporting rape. The more serious the accusation, the higher the maximum penalty.
According to Grapperhaus, this legal model of a rape crime with different variants within the applicable criminal law frameworks will strike the right balance between doing justice to what happened to a victim on the one hand, and to clearly express the degree of culpability on the part of the suspect on the other hand.
Grapperhaus' goal is to start consultation on this amended version of the Sexual Crimes Bill in December 2020.
On Friday, knowledge institutes Rutgers and Atria launched a campaign to call out victim blaming. The campaign, with the motto 'Say something about it' is aimed at young people between the ages of 17 and 23.
Victim blaming or asking things like what a victim was wearing when they were sexually assaulted can cause even more damage, according to Ton Coenen, director of Rutgers. "It is harmful to the victim and the perpetrator gets away with it. Victim blaming maintains a culture in which committing sexual, physical or online violence is not taken seriously."
"It happens too often in practice. That is the experience of victims and aid workers, including young victims," Kaouthar Darmoni, director Atria, added. "People often say something like that without thinking about it. By pointing it out to them, you make them do so."
"Victim blaming can have major consequences. Be critical of yourself: What do you mean by the words you say? Violence is not something you allow and you never ask for it. It is never deserved or justified," Tessel ten Zweege, an expert by experience, said for the campaign.
"It is so worthwhile to say something about victim blaming when you see it happening in your group of friends," said Ambrien Moeniralam, another experience expert. "Just by asking questions: Why do you find what she is wearing relevant, when someone tells about her sexual assault? What does that matter?"
