Tougher laws on sex crimes, harassment and abuse take effect in the Netherlands today
The Netherlands' new Sexual Crimes Act goes into effect on July 1, offering better protection for victims of sexual violence and misconduct under criminal law. The law makes it a criminal offense when one continues engaging in sexual contact when there is a clear sign another individual involved no longer wants to participate, even if they have not explicitly stated it. Those convicted in such cases can face longer sentences, with police and prosecutors now able to pursue rape cases without the possibility of those crimes expiring.
The legislation emphasizes that sex must be consensual and encourages individuals to pay attention to both verbal and non-verbal cues of consent. The Ministry of Justice and Security said this can include an individual saying "no," but also other indications, such as crying, pushing away, turning away, not moving, holding still, stiffening, or freezing up.
It is also punishable to approach someone sexually in an intimidating manner either on the street, in public places, or on social media. The content and manner of that sexual harassment will dictate if it is a crime and if it can be prosecuted, but also the environment, situation, duration of the approach and frequency of attempted contact.
Police will also be able to intervene and arrest someone suspected of preparing to approach certain minors for sexual purposes, specifically any child under 16 and any 16- or 17-year-old in a vulnerable position. Because a suspect can be questioned or detained even before that suspect makes a concrete proposition for a sexual encounter to those children. "This allows the police to act more quickly to prevent child sexual abuse," the Ministry of Justice and Security said in a statement.
Penalties for sexual abuse, sexual assault and rape have also been increased, and it is no longer necessary to prove that force was used in these cases. The Netherlands has also dropped the time limit for filing charges in cases of rape, meaning a case can be brought against a suspect even decades after the crime. Previously, many of these cases had to be filed within 12 years.
Some 1.8 million people experienced some form of sexual harassment, abuse, or assault in 2022, according to Statistics Netherlands. The stricter rules are meant to modernize existing law in the Netherlands in line with social and technological developments, while adding a layer of flexibility to make it easier for police to take action.
“Sexually transgressive behavior, such as sexual violence, child sexual abuse, and sexual harassment, has serious and long-term consequences for people. With the new law, we are setting a clear standard: sex should always be voluntary and equal, both offline and online," said outgoing Minister of Justice and Security Dilan Yeşilgöz-Zegerius in a statement released on her last day as a Cabinet member. "Someone is committing a criminal offense if they know - or should have known - that the other person does not want to, but continues anyway."
For those who have experienced sexual violence, the law provides more guidance for reporting incidents to the police. Necessary evidence may include physical trace evidence, camera footage, and text messages. Victims can also seek assistance from the Sexual Violence Center and victim support center Slachtofferhulp.
"The old legislation was no longer in line with what we as a society find acceptable. The world around us has also changed enormously in recent years. Consider new online forms of sexually transgressive behavior," the ministry said in previous statements. "There are many different views about sex. Some people deal with it easier than others. But for everyone, sex must always be voluntary and equal."
"By setting clear boundaries, we can contribute to greater safety and more freedom to be yourself,” Yeşilgöz-Zegerius said. To highlight the importance of mutual consent before and during sex, a national campaign about the law was launched on Monday.
