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There is no other area of law in which so many false and/or impossible-to-prove allegations are made as in cases involving sexual offences. In practice, the Public Prosecution Service seeks increasingly severe penalties for such acts, which often results in heightened pressure, intense media scrutiny, and reputational damage for the accused from the very start of the investigation stage. For example, in cases of rape, an unconditional prison sentence of 36 months is demanded. Case circumstances can further increase the penalty, such as the use of violence, a defenseless victim, failure to use a condom, risk of infection, acting in a group, or against a minor. The prosecution bases its guidelines on case law and public opinion, believing it is responding to society’s call for increasingly strict measures and maximum deterrence.

Rape is a criminal offence under Article 242 of the Dutch Penal Code: “Anyone who, by violence or another act, or by threat of violence or another act, forces another person to undergo acts which consist of or partly consist of the sexual penetration of the body, shall be guilty of rape and liable to a term of imprisonment not exceeding twelve years or a fine of the fifth category”. This offence covers all forms of penetration of the victim’s body, regardless of the manner in which it is carried out, if it is forced through violence, threats, or other means of coercion. In practice, this includes vaginal intercourse as well as other forms of sexual penetration imposed on a person without their consent. It is one of the most serious crimes against sexual freedom, causing both psychological and physical harm to the victim. The effects are often long-lasting, and the seriousness of the offence means that the legislator provides for very severe penalties.

Grooming – the solicitation of minors – is a criminal offence under Article 248e of the Dutch Penal Code: “Anyone who, by means of an automated system or by using a communication service, proposes a meeting to a person whom they know or should reasonably suspect to be under the age of sixteen, with the intention of engaging in sexual acts with that person or producing an image depicting sexual behaviour involving that person, and who undertakes any action aimed at realising that meeting, shall be punished with imprisonment of up to two years or a fine of the fourth category.” Grooming is a relatively new sexual offence that has increased dramatically with the rise of the internet and is one of the Public Prosecution Service’s top priorities, with cases receiving growing attention in both legislation and enforcement policy.

Sexual assault is punishable under Article 246 of the Dutch Penal Code. The term “indecent assault” is defined as: “Anyone who, by violence or another act, or by threat of violence or another act, forces another person to commit or endure sexual acts, commits indecent assault”. Forcing someone to perform or endure a sexual act can, in practice, be relatively easy to commit and may involve both direct physical contact and indirect actions that place the victim under pressure. This can range from unwanted touching to other forms of physical approach perceived as sexual in nature. In the case of sexual assault, there is no penetration of the body. In the case of rape, however, penetration is involved, which is a significant legal distinction and has a direct impact on how the offence is classified and on the potential sentence that may be imposed by the court.

Under Article 240b of the Dutch Penal Code, child pornography is a criminal offence: “Anyone who distributes, offers, publicly exhibits, produces, imports, transits, exports, acquires, possesses or gains access—by means of an automated system or by using a communication service—to an image, or a data carrier containing an image, of a sexual act involving, or apparently involving, a person clearly under eighteen years of age, is liable to imprisonment not exceeding four years or a fine of the fifth category”. In short, any pornographic depiction of minors falls within this provision, regardless of form or medium. The methods used by law enforcement to detect possession and distribution are becoming increasingly sophisticated. This provision covers active production as well as mere possession or access, and also applies to conduct in closed online environments.

Sexual abuse involving abuse of authority or trust is an offence under Article 249 of the Dutch Penal Code: “Anyone who commits indecent acts with his minor child, stepchild or foster child, his pupil or a minor entrusted to his care, education or supervision, or his minor subordinate, is liable to imprisonment not exceeding six years or a fine of the fourth category”. The decisive factor is the relationship of dependence (parent–child, carer–pupil, superior–subordinate), which determines the legal classification and affects the sentence. The conduct may consist of forcing touching, inducing sexual acts, or exploiting a care or authority position. A minor’s “consent” has no legal effect; wrongfulness stems from misuse of position. Assessment considers the victim’s age and maturity, duration and repetition, threats and emotional pressure. Concurrence with other crimes (threats, violence, recording) may lead to harsher penalties.