Laws Regarding Rape - Netherlands

Netherlands

In the Wetboek van Strafrecht there are various articles related to sexual crimes. The definition of rape is extended to involuntary French kissing (sexual penetration of victim's mouth with tongue), forcing to give fellatio (penetration of victim's mouth with penis), cunnilingus (sexual penetration of victim's vagina) or anilingus (anus). On the 8th of July 2002 a man was sentenced to 8 months imprisonment because of rape, which consisted of an involuntary French kiss.

Relevant for (statutory) rape are:

• Article 242 prohibits forcing someone else to suffer acts that (also) consists of sexual penetration (Dutch: verkrachting or seksueel binnendringen), by means of violence or threat to violence or something else. Maximum imprisonment 12 years or a maximum fine of € 78,000. ch

• Article 243 prohibits sexual penetration with someone who is unconscious, less conscious, physically or mentally handicapped so that he is not fully capable of consenting or refusing sex. Maximum imprisonment 8 years or maximum € 78,000 fine.

• Article 244 and 245 prohibit pedophilia (Dutch: pedofilie or kindermisbruik). There is made a difference between children younger than 12 years and teenagers between 12 and 16 years. This difference determines the maximum imprisonment (12 years for young children and 8 years for sex with teenagers). Article 245 defines statutory rape.

• Article 242 and 246 both prohibit unconsented sexual behaviour. Article 242 prohibits rape and article 246 prohibits other forms of sexual harassment. Maximum imprisonment 8 years.

• Article 247 prohibits sexual harassment with unconsious or handicapped people (see 243) or with people younger than 16 years. Maximum imprisonment 6 years.

• Article 248 increases the maximum imprisonment to 12 years when heavy violence (severe injury or threatening to kill) is involved, and it increases the maximum imprisonment to 15 years when besides the crime mentioned in other articles is followed by a kill or murder.

• Article 248a and 248b prohibit prostitution if the prostitute is younger than 18 years. Imprisonment up to 4 years.

• Article 249 and 250 prohibit incest and sex with others in certain relations (care, school, etc.). Imprisonment up to 6 years.

• Article 251 may prohibit a profession when the sexual crime is committed during carrying out that profession.