Sexual harassment in public, as defined in article 429ter of the Criminal Code, refers to unwelcome sexual behavior that takes place in public places. This relatively new article of law criminalizes all forms of sexual harassment that occur in public. This can range from inappropriate comments and unwanted touching to sexual gestures that are hurtful to others.
What is an example of sexual harassment?
Example: Imagine someone on the street constantly making inappropriate comments about the clothing and appearance of passersby. This person makes sexually suggestive comments to women walking by, trying to intimidate or offend them. This behavior can range from making sexually suggestive comments to touching people inappropriately. If a person repeatedly displays such behavior in public, it can now be considered sexual harassment and be criminally prosecuted under Article 429ter of the Criminal Code.
How is sexual harassment detected?
The police and special investigating officers (boas) may be responsible for the enforcement of this law, which will mainly involve the police base teams. The handling of such cases will be similar to that of simple assault. It is also being considered to give boas a role in enforcing this law, although this needs further study. This is intended to ensure that victims of sexual harassment in public spaces have better protection and remedies.
What does the law article say about sexual harassment?
Article 429ter of the Criminal Code states:
The person who in public sexually intrusively approaches another person by means of remarks, gestures, sounds or touching in a manner that is to be considered fearful, humiliating, offensive or degrading shall be punished with imprisonment not exceeding three months or a fine of the third category.
Are you suspected of 'sexual harassment'
The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists and can assist you at the time you are suspected of sex assault.
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.
