Distributing sexual images without consent closer to becoming a sex crime in Dutch law

The unauthorized use of video or photographic sexual content, such as the publication of videos portraying people having sex and nude photos, has moved one step closer to becoming a sex crime in the Netherlands. The Tweede Kamer, the lower house of Parliament, approved an amendment about this from coalition parties D66 and ChristenUnie , and opposition party SP.

It concerns an amendment to the Sexual Offenses Act, which the Tweede Kamer broadly supported on Tuesday as expected. The core of this law more clearly defines making sex punishable without mutual consent. The bill still has to be passed by the Eerste Kamer, the Dutch senate.

Abuse of sexually themed imagery will then be considered a crime against public order, because it infringes on the privacy of the person portrayed. But the Tweede Kamer believes that it is a sexual crime, because it is an infringement of someone's sexual and mental integrity. That said, the maximum penalty will not increase as a result.

However, this improves the position of victims, partly because they will be eligible for more assistance. Sexual crimes are handled by special vice detectives and legal assistance from a lawyer specialized in sex crimes will be made available. D66 MP Hanneke van der Werf also hopes that making these crimes a sex offense, online or offline, that it will have "a deterrent effect on potential perpetrators."

The new law also expands the criminalization of unwanted sex. Sexual assault and rape are already punishable, but this will soon also be the case if a sex partner could have had a serious suspicion that the other person did not want sex from the start, or no longer wanted sex during an interaction. At present, coercion, threat or violence is still the starting point for criminal culpability.

In addition, the law regulates that online groomers of minors are better able to be punished. The ChristenUnie, CDA and JA21 also want vulnerable 16 and 17-year-olds to fall under the law as being victims, instead of only children up to and including 15 years old. The Tweede Kamer has also agreed to this amendment.

Sexually targeted street harassment will also become a criminal offence, in particular the abuse and assault of women. The Tweede Kamer has doubts about the feasibility of this, because it can only be punished in the event of an act where someone is caught "red-handed." That is why the Tweede Kamer has asked through a motion from JA21 and VVD for a pilot project with undercover police officers used as bait, to see if this can better combat street intimidation.

The bill still has to be approved by a majority in the Eerste Kamer, but from now on the police and prosecutors will already be preparing for its implementation, Justice Minister Dilan Yesilgöz already indicated. Parliamentarians also wants more money for the police, because they expects an increase in sex crime cases. A motion by the PVV, SGP and SP received majority support, even though the minister had advised against it.