Sexual offences encompass serious crimes against a person's sexual integrity. This ranges from rape to child pornography, with legislation aimed at protecting sexual autonomy and vulnerable groups such as minors.
Summary of Sexual Offences
| Offence | Statutory Provision | Maximum Penalty |
|---|---|---|
| Rape | 242 Sr | 12 years |
| Indecent Assault | 246 Sr | 8 years |
| Indecency with Minor (12-16 years) | 245 Sr | 8 years |
| Indecency with Child under 12 years | 244 Sr | 12 years |
| Child Pornography | 240b Sr | 4-8 years |
| Grooming | 248e Sr | 2 years |
Rape (Article 242 Sr)
Rape involves the use of violence or threats to force someone into sexual acts, specifically the penetration of the body in a sexual manner.
Key Characteristics
- Violence or threat as a form of coercion
- Sexual penetration
- Intentional act (intent)
Sexual Abuse of Minors
Any form of sexual contact with minors is punishable, even if there is no coercion or violence.
Age Categories
- Under 12 years: always punishable with high penalties
- Between 12 and 16 years: punishable as indecency
- Between 16 and 18 years: punishable in cases of a dependency relationship
Child Pornography
The production, distribution or possession of child pornography is a serious punishable offence.
Aggravating Factors
- Commercial or professional conduct: stricter penalties
- Production: punished more severely than mere possession
- Distribution: higher penalty 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 trial without public
Frequently Asked Questions about Sexual Offences in Leiden
What should I do as 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 detectives.
How does reporting a sexual offence work?
When reporting, you will speak with a sexual offences detective. For minors, a studio interview is used to minimise stress. Your statement is recorded, possibly followed by a medical examination. The police investigate the case and forward it to the Public Prosecution Service, which decides on prosecution. You will be kept informed about the case.
What penalties apply to rape and indecent assault?
Rape (art. 242 Sr) can lead to 12 years' imprisonment, while indecent assault (art. 246 Sr) carries a maximum of 8 years. Aggravating factors such as extreme violence, group offences or young victims increase the penalty. Perpetrators may also be ordered to pay compensation or undergo therapy. A confession can result in a reduced sentence.
Is sexual contact with a 16-year-old punishable?
No, not as a standard, unless there is a dependency relationship (e.g., teacher-student). For young people under 16 years, any sexual contact is punishable, even with consent. For 12- to 16-year-olds, indecency applies (art. 245 Sr), while contact with children under 12 years (art. 244 Sr) is punished more severely.
What is considered child pornography and what are the consequences?
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 and extent of the offence.
Relevant Institutions in Leiden
Court: District Court of The Hague, Leiden Location
Legal Aid: Juridisch Loket Leiden, Stationsweg 46