The new Sexual Crimes Act: from coercion to clear consent
04 July 2024
As of 1 July, the Netherlands joins the ranks of countries with a consent-based law regarding sexual violence, replacing the previous coercion-based law. Coercion, threat, or violence is no longer a requirement to start a case, which should lower the threshold for victims to press charges.
Since 2017, there has been a significant rise in European countries introducing similar laws. According to Amnesty International, the Netherlands is the 17th of 31 European states to recognise that sex without consent is rape. Results from Sweden show that the consent-based law is effective: since its introduction in 2018, rape conviction rates have increased by 75%, while the number of rape cases has not increased. Currently, only 1% of Dutch victims initiate a case, highlighting the need for a change in the legal system.
Additionally, intimidating and sexual approaches on the street, in public places, or online will become punishable offences. The law differentiates between intentional rape and assault and cases based on misjudgments about non-consensual signs. However, lawyers warn that the difference may not be very noticeable, as the burden of proof remains the biggest challenge.
 | Julianne van Pelt The changing laws across Europe represent a broader shift in attitude towards sex influenced by the #MeToo movement and successful feminist advocacy. Whereas the responsibility previously lay with the victim to say 'no', it is now the responsibility of both parties to ensure consent is given, verbally and non-verbally. With 70% of sexual violence victims 'freezing' during the act, laws requiring someone to explicitly say 'no' seem to be outdated. Openly talking about sex, consent, and checking in is becoming the new standard. |
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