On July 1st, the Netherlands implemented a significant overhaul of its legislation regarding sexual misconduct. The new Wet Seksuele Misdrijven (Act on Sexual Offenses) aims to strengthen legal protections for victims and establish clearer boundaries for acceptable sexual behavior.
Silence isn’t consent: Burden of proof shifts in sexual offenses
A central tenet of the new law is a clear definition of consent. Gone are the days of ambiguity; the law now explicitly states that sex must be demonstrably consensual, which means that silence or lack of resistance is not considered consent. The burden of proof now rests with the accused to demonstrate that consent was freely and clearly given.
The new legislation offers increased protection for vulnerable populations. Sexually suggestive online messages or behavior targeting minors (under 16) is now a punishable offense. Additionally, the law extends protection to individuals in situations where they are unable to give informed consent, such as those under the influence of alcohol or drugs, or with mental disabilities.
Expanding protections and penalties
The new law broadens the definition of sexual offenses, making sexually intimidating behavior in public spaces illegal and sending a strong message against harassment. Additionally, “sexchatting” – the act of sending sexually explicit messages – with children under 16 or vulnerable adults is now a criminal offense.
The new legislation also raises the maximum penalties for some sexual offenses, reflecting a more serious approach to tackling sexual misconduct and sending a stronger deterrent message to potential offenders.
Proponents of the new law believe it will encourage victims of sexual misconduct to come forward and report incidents. By removing ambiguity around consent and offering clearer protections, victims may feel more empowered to seek justice.
