Kötter, L'Homme & Plasman Lawyers has particular expertise in the area of vice cases.
Sex offenses are legal issues involving offenses that affect the sexual integrity and autonomy of individuals. These offenses include a wide range of crimes, from sexual assault and sexual violence to rape and lewdness. Cases of sexual abuse of minors also fall under this category, where the law protects against any form of unwanted or coercive sexual contact with children and adolescents.
When a person is suspected of a sex crime, various charges may arise. These can range from sexual assault, where someone is touched in an unwanted sexual way, to rape, in which a person is forced to engage in sexual acts by force or threat. Sexual harassment, where unwanted sexual comments or behaviors make someone uncomfortable, and fornication, which involves sexual acts with persons incapable of giving consent, are also serious suspicions.
As of July 1, 2024, the Sex crimes law in effect. This law provides enhanced protections for victims of sexual assault and transgressive behavior. The law criminalizes more forms of sexually transgressive behavior, including online such as sexually explicit messages to children, and increases penalties. Evidence of coercion is no longer required for sexual assault and rape; it is enough if it was clear that the other person did not want sex. This law confirms the norm that sex should always be voluntary and equal.
These types of crimes are often subpoenaed to the plural chamber.
Click on one of the links below if you or someone you know is suspected of:
- Rape (intent, fault and qualified)
- Assault (intentional, culpable and qualified)
- Fornication and sex with a minor
- Dishonor/offensive behavior
- Possession or distributing child pornography
- Possession or distribution animal porn
- Grooming (online child lure)
- Sexchat
- Sexual harassment
Sexual Offenses Act (effective July 1, 2024)
Effective July 1, 2024, the revamped Sexual Offenses Act will take effect, which will better protect victims of sexual assault and transgressive behavior. The law expands the definition of crimes to include more forms of transgressive behavior, including online crimes, and increases the penalties for such offenses. This change reflects a changing societal outlook and technological advances, as well as an improved understanding of victim responses to sexual violence.
The previous legislation was outdated and did not match today's reality, in which online and social media-related crimes are increasingly common. The new law introduces "consent legislation," where it is no longer necessary for coercion or force to be present; simply not wanting sex by the other person makes it punishable. This emphasizes the importance of voluntariness and equality in sexual relationships. Coercion and violence are now considered aggravating circumstances rather than requirements for criminality.
New offenses include sex estimate and sexual harassment. Sexual assault, where children under 16 or vulnerable 16- and 17-year-olds are sexually approached, is now punishable even without actual sexual abuse. Sexual harassment, both online and physical, is also criminalized.
The law provides increased penalties for sexual offenses, with harsher penalties for crimes against minors. It is important to note that offenses committed before July 1, 2024 are governed by the old law, while offenses after this date are assessed under the new law. This means that the time of the crime committed will determine the applicable law.
What sex crimes are there?
Sex offenses encompass a wide range of sexually inappropriate behavior, focusing on acts that violate the sexual integrity of another person. These offenses are generally characterized by the presence of sexual acts that occur without consent, or where consent is obtained by coercion, threat or deception. They are included in Dutch law to protect the sexual autonomy and integrity of individuals, and to provide justice to victims of such crimes through criminal prosecution and punishment of the perpetrators.
Enumeration of sex offenses
Seven types of sex offenses can be distinguished - roughly speaking. Click below on the offense you want to know more about.
- Assault (articles 240, 241, 245, 247, 249 Sr)
Sexual assault includes sexual acts that occur without consent, in which the perpetrator uses coercion or force. This offense includes not penetrating the body, because then it is referred to as rape. Sexual assault has a lower penalty than rape. - Rape (articles 242, 243, 246, 248, 250 Sr)
Rape is a more serious form of sexual assault in which the perpetrator performs sexual acts by force or coercion and the victim's body intrudes. It requires no physical resistance from the victim; the emphasis is on the lack of consent. - Fornication and sex with a minor (articles 245, 246, 247, 248, 249 250 Sr)
The basic principle is that an adult may not have sex with someone under 16. Nor may an adult have sex with a 16- or 17-year-old if there is a dependency or power relationship. - Sex offense with a child under 16 years of age (article 251 Sr)
Sexchatting refers to the online sexual solicitation of children under the age of 16. This includes sending sexually oriented messages and other forms of sexual communication over the Internet. - Grooming (article 251 Sr)
Grooming involves someone forcing themselves on a minor with the intent to commit sexual abuse. This can also occur through online communication and is punishable even if physical abuse has not yet occurred. - Child pornography and attending child pornography show (articles 252 and 253 Sr)
Distributing, offering, openly exhibiting, manufacturing, importing, transiting, exporting, acquiring and possessing child pornography is punishable. The same applies to attending a child pornography show. - Sexual violence in a relationship of trust (articles 254 Sr)
Article 254 Sr regulates sentencing aggravation for sexual crimes. For proven grounds of aggravation, the prison sentence can be increased by up to three years. In cases of grievous bodily harm by sexual assault or rape, an independent increase of three years applies. Death by such crimes can result in life imprisonment or up to thirty years in prison. Criminal aggravations include acts committed by more than one person, in a position of dependency, as a habit or profession, and in the case of victims in a vulnerable position. These provisions also include increased penalties for child abuse, with special attention to paid sex and the role of caregivers. - Defilement of honor / offensive behavior (article 254b Sr)
It is punishable to intentionally perform acts that are publicly offensive to the honor. - Animal pornography (article 254c of the Criminal Code)
Possession or distribution of animal pornography is punishable in the Netherlands. - Sexual harassment (article 429ter of the Criminal Code)
Sexual harassment involves the imposition of sexual comments, gestures or behaviors that are demeaning or offensive. This can occur in both physical and online forms and is punishable if the behavior is perceived as unwelcome and harassing.
What voor punishments are imposed in vice cases?
Sex offenses cover a wide range of sexually inappropriate behavior, from sexual assault and rape to sexual abuse of minors, sex estimate and sexual harassment. Dutch law provides for various criminal offenses to protect the sexual integrity of individuals and to punish perpetrators of such offenses. Despite these clear legal provisions, the penalties imposed can vary considerably. This is because penalties depend heavily on the specific facts and circumstances of each case.
Factors such as the nature and severity of the crime, the age of the victim, the context of the act and the behavior of the offender are taken into account when assessing sex offenses. The presence or absence of coercion, violence or deception also plays an important role in sentencing. As a result, there can be no standard ruling on the expected punishment in a sex offender case. It is essential to seek legal advice to gain a good understanding of the possible penalties and to be adequately represented.
At Kötter, L'Homme & Plasman Lawyers, we are ready to provide expert advice and guidance in all aspects of your case. Contact us for personalized advice and tailored support.
You are suspected of a sex crime?
The attorneys at Kötter, L'Homme & Plasman Advocaten are experienced criminal law specialists and can assist you the moment you or someone you know is suspected of a sex crime. Our attorneys will discuss the criminal case with you and together with you 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 need 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.
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