New Sexual Offences Act now effective

News item | 01-07-2024 | 10:46

Under the new Sexual Offences Act more forms of sexually transgressive behaviour, including such behaviour online, are a criminal offence, penalties have been increased and victims of sexual assault and rape no longer have to prove that they were coerced. Sexual harassment (offline and online) and sexchatting are now punishable offences as well and rape cases cannot become time-barred. 

As Dilan Yeşilgöz-Zegerius, Minister of Justice and Security explains, “Sexual transgressive behaviour – such as sexual violence, child sexual abuse and sexual harassment – has serious and long-lasting consequences for people. By introducing the new Act we are setting a clear standard, namely that sex should always be voluntary and equal, both offline and online. This is something all of us already consider normal these days, but which was not yet covered by existing legislation. Someone is guilty of a criminal offence if they know – or should have known – that the other person does not want to engage in sexual behaviour, but they go ahead anyway. We can help make people safer and freer to be themselves by setting clear boundaries and making it even clearer what kind of behaviour is, and more particularly is not, permitted. It is important to provide sound advice on what is and is not allowed and on the importance of mutual consent before and during sex because that gives peace of mind and security for those involved. That is why we have launched this campaign.”

From now on, the following types of behaviour are criminal offences.

• Continued sexual contact when there are clear signs that the other person does not want sex.
• Sexual advances made in an intimidating way on the street, on public sites or on social media. Whether this behaviour is deemed to be a criminal offence depends partly on the content, but also on the duration, frequency, environment and situation.
• Any sexual approaches to a child aged under 16, or a child aged 16 or 17 who is in a vulnerable position. This also includes approaches before any encounter for sexual purposes has been proposed. The idea is that this will allow the police to act faster to prevent child sexual abuse.

The legislation simply expresses what we all think, namely that anyone who engages in sex should do so because they want to. It is therefore important always to check whether the other person also wants sex by paying attention to their verbal and non-verbal responses. This means, for example, looking for explicit verbal or physical cues, such as saying ‘no’, crying and pushing the other person away. Other indications include non-verbal signals or passive behaviour, such as turning away, not moving, standing still, freezing or stiffening.

More guidance for those who undergo an unpleasant experience

The Act provides additional guidance for anyone who undergoes an unpleasant experience in terms of reporting the matter (to the police). Evidence such as traces on the victim’s body, CCTV images and text messages will still have to be provided. Moreover, victims can seek help from the Centre for Sexual Violence (Centrum Seksueel Geweld) and Victim Support Netherlands (Slachtofferhulp Nederland).

Information about the campaign

The nationwide public awareness campaign is intended to inform people about the new legislation and about which forms of sexually transgressive behaviour will be regarded as criminal offences from 1 July onwards. The campaign also stresses the fact that sexual contact should always be voluntary and equal. It confirms the social norm that sexually undesirable behaviour is unacceptable and, by doing so, increases the preventive effect of the new legislation. In the coming weeks the campaign is going to be publicised using, among other things, online and social advertising, digital radio and outdoor displays.

More information is available at Metelkaartrekkenwedegrens.nl, where you can read more about the Act, how to prevent sexually transgressive behaviour and the campaign.