Sexual offences encompass serious crimes against sexual freedom and integrity. From rape to grooming: the law provides protection to victims and minors.
Overview of Sexual Offences
| Offence | Article | Maximum Penalty |
|---|---|---|
| Rape | 242 Sr | 12 years |
| Indecent Assault | 246 Sr | 8 years |
| Carnal Knowledge of Minor (12-16) | 245 Sr | 8 years |
| Carnal Knowledge of Child under 12 | 244 Sr | 12 years |
| Child Pornography | 240b Sr | 4-8 years |
| Grooming | 248e Sr | 2 years |
Rape (art. 242 Sr)
Rape involves coercing sexual acts by means of violence or threat, specifically aimed at bodily penetration.
Key Characteristics
- Violence or threat as a form of coercion
- Sexual penetration
- Deliberate intent
Carnal Knowledge of Minors
Sexual interactions with minors are punishable, even if there is no coercion or violence involved.
Age Categories
- Under 12 years: always punishable, with the heaviest sanctions
- 12 to 16 years: punishable as indecent acts
- 16 to 18 years: punishable in cases of a position of dependency
Child Pornography
The production, distribution or possession of child pornographic material is a serious offence.
Aggravating Factors
- Commercial or professional conduct: stricter penalties
- Production: more heavily punished than mere possession
- Distribution: higher penalties than possession
Proceedings in Sexual Offence Cases
- Special sexual offences police unit for investigation
- Studio interviews for minor victims
- Anonymity of victims is protected
- Possibility of closed-door hearings
Frequently Asked Questions about Sexual Offences in Westland
What to do if I am a victim of a sexual offence?
Contact the police as soon as possible via 0900-8844 or call 112 in an emergency. Avoid showering or changing clothes to preserve evidence. For anonymous help, you can call the Centre for Sexual Violence (0800-0188) or Victim Support Netherlands. A medical examination and mental support are important. The police will involve specialised sexual offences investigators.
How does reporting a sexual offence work?
Upon reporting, a discussion with the police follows, often with a sexual offences investigator. For minors, a studio interview is used to minimise stress. Your statement is recorded, and a medical examination may take place. After investigation, the case goes to the Public Prosecution Service, which decides on prosecution. You will be informed about the progress.
What are the penalties for rape and indecent assault?
For rape (art. 242 Sr), the penalty can amount to 12 years' imprisonment. Indecent assault (art. 246 Sr) carries a maximum of 8 years. Aggravating factors such as extreme violence, group offences or young victims lead to higher penalties. Compensation or mandatory therapy may be imposed. A confession may result in a reduced sentence.
Is sexual contact with a 16-year-old punishable?
No, not automatically for 16- and 17-year-olds, unless there is a position of dependency (e.g., coach-athlete). Under 16 years, any sexual contact is punishable, even with consent. For 12- to 16-year-olds, indecent acts apply (art. 245 Sr), and under 12 years (art. 244 Sr) the penalties are even stricter.
What is considered child pornography and what are the sanctions?
Child pornography (art. 240b Sr) includes producing, distributing, possessing or making accessible such material. Penalties range from 4 to 8 years, depending on the nature of the offence and aggravating circumstances such as commercial exploitation.
Relevant Authorities in Westland: For legal assistance, you can go to the Juridisch Loket Westland. Sexual offence cases are often handled by the District Court of The Hague, under which Westland falls.