Need lawyer 'fornication and sex with a minor'?

With the advent of the Sexual Offenses Act, the word 'fornication' disappeared from the Criminal Code. New offenses took its place, including various forms of 'sexual assault' and 'rape'. This article will tell you more about having sex with someone under 18. The basic principle is that an adult may not have sex with someone younger than 16. Nor may an adult have sex with a 16- or 17-year-old if there is a relationship of dependency or power.

What does fornication mean?

Fornication was seen as a form of transgressive behavior involving sexual acts that violate socio-ethical norms and laws. It can include both physical and psychological coercion and often occurs without the victim's consent. Fornication is criminalized when there are unwanted sexual acts that force or influence the victim to participate in such acts against his or her will. This term falls under the broader category of sex offenses and can range from unwanted touching to other sexual conduct.

Fornication occurred in various forms in Dutch criminal law and is punished in various ways in the Penal Code. This is intended to ensure that all forms of sexual offenses involving minors are adequately addressed and punished.

What are the articles of law related to sex with minors?

The following will discuss the different variants of sex with minors (i.e., it used to be called fornication). The difference between sexual assault and rape is that rape involves acts of sexual penetration of the body (such as penetration).

The offenses in question are the following:

• Assault on someone between the ages of 16 and 18 when there is a dependency relationship (article 245 Sr)
• Rape of someone between the ages of 16 and 18 when there is a dependency relationship (article 246 Sr)
• Assault on someone between the ages of 12 and 16 (article 247 Sr)
• Rape of someone between the ages of 12 and 16 (article 248 Sr)
• Assault on a person under 12 years of age (article 249 Sr)
• Rape of a person under 12 years of age (article 250 Sr)

Together, these articles of the Criminal Code provide a comprehensive legal basis for punishing various forms of sexual crimes against minors. The legislation is designed to provide comprehensive protection for vulnerable persons and to provide strict measures against the various forms of sexual abuse and exploitation.

Assault on someone between the ages of 16 and 18 when there is a dependency relationship (article 245 Sr)

1. As guilty of sexual assault in the age range of sixteen to eighteen years shall be punished with imprisonment not exceeding six years or a fine of the fourth category, the person who performs sexual acts with a child in the age range of sixteen to eighteen years:
   • a.if the offense is committed toward a child of such person, toward a child being cared for or brought up as belonging to the family of such person, toward a child over whom such person exercises custody or toward a child otherwise entrusted to the care, vigilance or education of such person or toward a child subordinate to such person;
   • b.if the offense is committed against a child in a particularly vulnerable position, which in any case means a particularly vulnerable position as a result of a mental disorder or mental or physical disability, a situation of dependence or a state of physical or mental incapacity;
   • c.if the offense is committed with abuse of dominance arising from factual relations, with use of gifts or promises of money or property or with deception; or
   • d.if that child makes himself available to perform sexual acts with a third party for payment.
2. As guilty of aggravated sexual assault in the age group of 16 to 18 years shall be punished with imprisonment for a term not exceeding eight years or a fine of the fifth category, the person who is guilty of the crime described in the first paragraph, preceded, accompanied or followed by coercion, violence or threat.

Article 245 of the Penal Code criminalizes sexual abuse of minors between the ages of 16 and 18 under specific circumstances. This article replaces previous provisions and focuses on situations where the perpetrator has a special relationship with the victim, such as authority or dependence. It also includes cases involving deception, abuse of power, or payment for sexual acts. In serious cases, where coercion, violence or threats are used, the punishment is aggravated. Article 245 thus aligns with international obligations, as set forth in European directives, to better protect minors from sexual abuse.

The penalties demanded in principle by the Prosecutor's Office for this are as follows:

Rape of someone between the ages of 16 and 18 when there is a dependency relationship (article 246 Sr)

1. As guilty of rape in the age range of 16 to 18 years shall be punishable by imprisonment for a term not exceeding nine years or a fine of the fifth category, the person who performs sexual acts with a child in the age range of 16 to 18 years, which acts consist of or include sexual penetration of the body:
   • a.if the offense is committed toward a child of such person, of a child who is cared for or brought up as belonging to the family of such person, of a child over whom such person exercises custody or of a child otherwise entrusted to the care, vigilance or education of such person or of a child subordinate to such person;
   • b.if the offense is committed against a child in a particularly vulnerable position, which in any case means a particularly vulnerable position as a result of a mental disorder or mental or physical disability, a situation of dependence or a state of physical or mental incapacity;
   • c.if the offense is committed with abuse of dominance arising from factual relations, with use of gifts or promises of money or property or with deception; or
   • d.if that child makes himself available to perform sexual acts with a third party for payment.
2. As guilty of aggravated rape in the age group of 16 to 18 years shall be punished by imprisonment for a term not exceeding 12 years or a fine of the fifth category, the person who is guilty of the crime described in the first paragraph, preceded, accompanied or followed by coercion, violence or threat.

Article 246 of the Penal Code criminalizes sexual penetration of the body of a minor between the ages of 16 and 18. This is legally qualified as rape. If these acts are performed with the use of coercion, force or threat, this is considered an aggravated form of rape. The penalties for these offenses are higher than for sexual assault without intrusion, with maximum prison sentences of nine and 12 years, respectively, depending on the circumstances. Article 246 thereby provides additional protection for minors against serious forms of sexual abuse.

The penalties demanded in principle by the Prosecutor's Office for this are as follows:

Assault on someone between the ages of 12 and 16 (article 247 Sr)

1. As guilty of sexual assault in the age range of 12 to 16 years shall be punishable by imprisonment for a term not exceeding eight years or a fine of the fifth category, the person who performs sexual acts with a child in the age range of 12 to 16 years.
2. As guilty of aggravated sexual assault in the age group of twelve to sixteen years shall be punishable by imprisonment for a term not exceeding ten years and eight months or a fine of the fifth category, the person who is guilty of the crime described in the first paragraph, preceded, accompanied or followed by coercion, violence or threat.
3. Not punishable is the person who, as a peer, commits the conduct referred to in the first paragraph in the context of an equivalent situation between that person and that child.

Article 247 Sr criminalizes sexual acts with minors between the ages of 12 and 16. The first paragraph punishes general sexual assault in this age group, with "sexual acts" replacing the former term "fornication." The second paragraph toughens the punishment if it involves coercion, force or threat. This is considered "aggravated sexual assault." The third paragraph provides a punitive exclusion ground for juveniles who perform sexual acts with peers in an equivalent situation, provided it is done voluntarily and without abuse of power. The penalties vary, with a maximum of eight years in prison for general sexual assault and 10 years for the aggravated version.

The penalties demanded in principle by the Prosecutor's Office for this are as follows:

Rape of someone between the ages of 12 and 16 (article 248 Sr)

1. As guilty of rape in the age group of 12 to 16 years shall be punishable by imprisonment for a term not exceeding 12 years or a fine of the fifth category, the person who engages in sexual acts with a child in the age group of 12 to 16 years, which acts consist of or include sexual penetration of the body.
2. As guilty of aggravated rape in the age group of 12 to 16 years shall be punished by imprisonment for a term not exceeding 15 years or a fine of the fifth category, the person who is guilty of the crime described in the first paragraph, preceded by, accompanied by or followed by coercion, violence or threat.
3. Not punishable is the person who, as a peer, commits the conduct referred to in the first paragraph in the context of an equivalent situation between that person and that child.

Article 248 of the Criminal Code criminalizes sexual acts with children aged 12 to 16, specifically when these acts involve penetration of the body. This is considered rape. If this involves coercion, violence or threats, the punishment is aggravated and it may qualify as "qualified rape." For rape within this age group, the maximum penalty is 12 years in prison, and for the aggravated version, 15 years. If juveniles voluntarily perform sexual acts with peers in an equivalent situation, there is a criminal exclusion ground, meaning they are not punishable.

Assault on a person under 12 years of age (article 249 Sr)

1. As guilty of sexual assault in the age category below twelve years shall be punished by imprisonment for a term not exceeding ten years or a fine of the fifth category, the person who performs sexual acts with a child below the age of twelve years.
2. As guilty of aggravated sexual assault in the age category below twelve years shall be punished with imprisonment of not more than thirteen years and four months or fine of the fifth category, the person who is guilty of the crime described in the first paragraph, preceded, accompanied or followed by coercion, violence or threat.

Article 249 Sr concerns punishable sexual acts with children under the age of 12. This legislation aims to severely punish sexual abuse of young children. Sexual acts with these children are considered "sexual assault" (article 249) or "rape" (article 250). When coercion, force or threats are used, this counts as an aggravating circumstance. These rules are similar to those in Articles 247 and 248, but the penalties are more severe because these are very serious violations of the sexual integrity of very young children. Grounds for punishment do not apply.

The penalties demanded in principle by the Prosecutor's Office for this are as follows:

Rape of a person under 12 years of age (article 250 Sr)

1. As guilty of rape in the age category below twelve years shall be punished with imprisonment for a term not exceeding fifteen years or a fine of the fifth category, the person who performs sexual acts with a child below the age of twelve years, which acts consist of or include sexual penetration of the body.
2. As guilty of aggravated rape in the age category below 12 years shall be punished by imprisonment for a term not exceeding 18 years or a fine of the fifth category, the person who is guilty of the crime described in the first paragraph, preceded, accompanied or followed by coercion, violence or threat.

Article 250 Sr concerns punishable sexual acts with children under 12 years of age. This legislation aims to severely punish sexual abuse of young children. Sexual acts with these children are considered "sexual assault" (Article 249) or "rape" (Article 250). When coercion, force or threats are used, this counts as an aggravating circumstance. These rules are similar to those in Articles 247 and 248, but the penalties are more severe because these are very serious violations of the sexual integrity of very young children. Grounds for punishment do not apply.

The penalties demanded in principle by the Prosecutor's Office for this are as follows:

What penalties can be imposed for sex with minors?

The imposition of punishment by judges is customized. The punishment can vary depending on the severity of the offense and the circumstances under which it was committed. In practice, the punishment may also depend on factors such as recidivism, the specific circumstances of the offense, and the personal circumstances of the defendant.

The courts and the courts of appeals have made agreements in the National Consultation on Professional Content in Criminal Law. These agreements are also referred to as LOVS landmarks. These agreements are intended to promote the imposition of similar sentences in similar cases at the various courts and courts of appeal across the country. Also included in the LOVS Orientation Points are some things about fornication, namely:

The penalties demanded in principle by the prosecution are shown above under each offense.

Need lawyer 'fornication' or 'sex with minor'?

The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists and can assist you at the time you are suspected of having sex with a minor.

Our attorneys will discuss the criminal case with you and work with you to determine a strategy that will achieve the success you desire. However, it is good for you to know that our lawyers do not bake sweet cakes; we give sound, honest and sincere advice. Should you have to appear in court, they will carefully prepare you for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will ensure that you are represented in the best possible way during the hearing.

If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.

Read here more about what different sex offenses there are.