Legal Aspect
What is considered sexual harassment?
Age:
Sexual Harassment can firstly be indentified by age. According to the Dutch lax, sexual penetration of someone below the age of 12 is always rape, despite consent. Sexual relationships among young people above 12 are allowed when mutual consent is present. Nevertheless, sexual penetration of someone below the age of 16 outside marriage is also considered rape. When problems occur between young people (e.g. when parents have objections) the judge is obliged to hear testimony from the two young people involved (known as a compulsory hearing [hoorplicht]).
Consent:
Also included in the law is the issue of giving consent. When somebody is unable to give consent due to unconsciousness, disorders or other reasons, sexual contact is considered to be rape (in the case of penetration) or assault. Lastly, abuse of authority or trust in order to have sex is also included in the law. Thus, having sex with an under-aged child, stepchild or foster child, pupil, subordinate, or with an adult who is dependent on the perpetrator is against the law.
(Information retrieved from European Women's Lobby, National Analysis Netherlands)
He who, by violence or another factuality, or threat of violence or another factuality, compels someone to commit or undergo lewd acts, will be guilty of the offence of factual assault of the dignity and punished with imprisonment of maximum eight years or a penalty of the fifth category. (Criminal code, article 246)
General Information on sexual harassment
If you have been recently sexually assaulted or raped, there are quite a few professional resources in English that can offer psychological support, legal advice and help with forensic issues.
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It is best that you seek professional help at least 7 days after, - as this significantly reduces the chances of psychological and medical issues. Forensic investigation early on would allow a much higher chance of prosecuting the perpetrator should you decide to report the crime to the police.
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It is even better to seek help 3 days after as HIV PEP medication can only be taken within this timeframe for it to be effective. Emergency contraception must also be taken within 3 days. Emergency contraception is sold in pharmacies without prescription in the Netherlands. You can also get it for free in hospitals and rape crisis centres as there emergency contraception is covered by health insurance.
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Should you not want to report your incident to the police you can still get medical attention and a forensic examination at the Sexual Assault Center (see below) or your local hospital.
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If you are unsure about your level of English and are a non-Dutch national, - you have the option of contacting your country’s embassy, consulate or High Commission. They can help you by informing you of lists of lawyers, translators and medical professionals who speak your language. They can help contact family and friends.
You always have the option of an interpreter for your language, free of charge, at a police station should you decide to report an incident to them.
The Sexual Assault Center (Centrum Seksueel Geweld):
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https://www.centrumseksueelgeweld.nl/csg-en/
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The Sexual Assault Center (Centrum Seksueel Geweld) works to offer psychological, medical and police support to victims of rape and sexual assualt free of charge. Call their number and they will put you in touch with their centre in the Hague. They have a team of doctors, nurses, police officers, psychologists, social workers and sex therapists.
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Call 0800-0188
They work 24/7, this phone line is available all the time.
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You can expect to be met by a nurse when you visit the centre who will stay with you throughout. With permission, if you are considering reporting what happened to the police a forensic physician will conduct a forensic medical examination, inspect physical injuries, and properly record potential evidence. If you decide to report the incident, the police will make an appointment after. You do not have to report the incident to be treated at the sexual assault center.
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Medical help is offered in the centre in the form of medication to prevent pregnancy and sexually transmitted diseases (STD / HIV). Injuries and pain will be treated and follow-up care will be discussed.
Know your rights, - having visited the Sexual Assault Center your GP will get a message for helping follow-up. If you do not want this to happen, you can tell the nurse on your arrival.
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Centrum Seksueel Geweld:
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CSG Engels - Centrum Seksueel Geweld
Welcome at the Sexual Assault Center.(159 kB)
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Reporting an Incident
Should you decide to report the incident to the police then you will be asked to provide a statement. There will be a period of thinking time of 2 weeks after which you can confirm if you still wish to proceed. Should you proceed and sign your statement, - there is no way to retract your formal statement and resign charges.
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Should you decide to report to the police, try to do so as soon as possible. Insist on getting a full police report. If you are willing to undergo a forensic examination do not wash yourself or your clothes as it may constitute evidence. Condoms, texts, toothbrushes may be brought as evidence. Make sure to tell them if you think you were drugged.
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Know your rights - the police may retain clothes or objects as forensic evidence and you have a right to know where these are stored, when and whether they will be returned back. You are not obligated to attend a forensic physical examination should you not want to.
Victim Support Netherlands:
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https://www.slachtofferhulp.nl/english/
Monday to Friday, 9am - 5pm
Call 0900 0101 or 116006
Offer legal advice for free.
They will contact you at least 2 working days if you report the crime to the Dutch police to offer their services. The phone lines work in English and Dutch, but the English online site is quite bad.
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Following up your statement in Court
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Your statement has the right to be heard in court. There, you can be questioned by the Judge, and by the public prosecutor and the defence lawyer at the Judge’s discretion. It is possible you may have to make additional statements should your case need further examination.
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Know your rights
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You have the right to regular updates on your case from the police.
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You may receive compensation from the offender ordered by court after they are convicted in a criminal court or by means of civil action. You may also receive compensation from the state as applied by court.
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The Criminal Injuries Compensation Fund (Schadefonds Geweldsmisdrijven):
A state-funded fund that can cover funds for physical and psychological injury and apply to foreign nationals as well.
slachtofferhulp.nl
Website Victim Support Netherlands in English
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The website of Victim Support Netherlands is written in Dutch. On this page we explain how to translate this entire website into English or other languages.