Sexual offences encompass serious crimes that violate sexual integrity. From rape to grooming: the legislation provides protection for victims and minors.
Overview of Sexual Offences
| Offence | Statutory Provision | 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 entails forcing someone through violence or threat to engage in sexual acts involving penetration of the body.
Key Characteristics
- Violence or threat as a means of coercion
- Sexual penetration
- Deliberate intent
Sexual Abuse of Minors
Sexual interactions with minors are punishable, even if no coercion is involved.
Age Categories
- Under 12 years: always punishable, with severe consequences
- Between 12-16 years: punishable as indecent acts
- 16-18 years: punishable in cases of a dependency relationship
Child Pornography (art. 240b Sr)
The production, distribution or possession of child pornography is a punishable offence.
Aggravating Factors
- Commercial or professional conduct: stricter penalties
- Production: more heavily punished than possession
- Distribution: higher penalty than mere possession
Proceedings in Sexual Offence Cases in Utrecht
- Special sexual offences police unit for investigation
- Studio interviews for minor victims
- Anonymity of victims is safeguarded
- Option for hearing without public
Local Information Utrecht
For legal assistance in Utrecht, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. Sexual offence cases are handled by the Rechtbank Midden-Nederland, located at Vrouwe Justitiaplein 1.
Frequently Asked Questions about Sexual Offences
What to do as a victim of a sexual offence?
Contact the police as soon as possible via 0900-8844 or call 112 in emergencies. Avoid showering or changing clothes to preserve evidence. For anonymous help, you can call the Centrum Seksueel Geweld (0800-0188) or Slachtofferhulp Nederland. A medical examination and mental support are important. The police will involve specialised sexual offences investigators.
How does reporting a sexual offence work?
When filing a report, you speak with a sexual offences investigator. For minors, a studio interview is used to minimise stress. Your statement is recorded, and a medical examination may follow. The police investigate the case and forward it to the Public Prosecution Service, which decides on prosecution. You will be informed about the progress.
What penalties apply to rape and indecent assault?
For rape (art. 242 Sr), a penalty of up to 12 years may be imposed. 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 for damages or therapy may be imposed on the perpetrator.
Is sexual contact with a 16-year-old punishable?
No, not always. For 16- and 17-year-olds, it is punishable if there is a dependency relationship, such as between teacher and pupil. Under 16 years, any sexual contact is punishable, even with consent. For children under 12 years, the strictest penalties apply (art. 244 Sr).
What is understood by child pornography?
Child pornography (art. 240b Sr) includes the production, distribution, possession or making accessible of material with sexual depictions of minors. Penalties range from 4 to 8 years, depending on the nature of the offence.