On 19 March 2024, the Dutch Senate approved a new law on sexual offences. Previously, rape was only punishable when force was used. The use of forse could not always be proved, for example because 70 per cent of victims freeze and therefore cannot resist. Under the old law, the victim also had to prove that force was used.
New law
New law
From 1 July 2024, it will be punishable to have sex with someone who does not consent to it (give consent). Even if no coercion (use of force) is involved. If coercion, violence or threats were used, the penalty will be higher.
According to the new law, you also have to be careful that your sex partner really gives consent. In some cases, you cannot assume that you have gotten consent:
- Your sex partner is unable to give conscious consent: for example, if they are under the influence of drink or drugs
- You are in an unequal power relationship: for example, if your sex partner is also your employee, or if they need a place to sleep
- Your sex partner only gives in after long insistence: if the other person has said no several times and only gives consent after long insistence, you can assume that they do not really want to. Sex after long insistence is not sex with consent
- The other person has said yes, but during sex indicates with body language that they do not want to.
If someone has consented during sex, but regrets it afterwards, this is not punishable.
In practice, the law means the following:
- You ask each other for consent
- You both give consent
- Sex with more people? Then everyone gives and asks consent
- Does someone say no, or have to think or hesitate for a long time? Then don't do it
- Also pay attention to body language, read our tips
