Sexual assault and rape
Sexual assault
Sexual assault is any sexual act against someone’s will without penetration. The victim does not give consent to this act. A person is punishable by law if they knew or could have known the other did not want to. Sexual assault can happen without physical violence or threats. For instance: if the victim does not resist and lets it happen because they are afraid.
In the Netherlands, sexual assault is forbidden by law.
The maximum prison sentence for sexual assault is 8 years imprisonment, depending on the gravity of the sexual assault, but this can be increased to a maximum of 13 years if the victim is a child.
Rape
Rape is every type of sexual act against someone’s will with penetration (sexual intercourse, oral sex or anal sex). The penetration can happen with part of the body or an object. The victim does not give consent to this act. Someone is punishable by law if they knew or could have known that the other did not want to. Rape can happen with physical violence or threats, but also without, for instance: if the victim does not resist and lets it happen because they are afraid.
Rape is a criminal offence in the Netherlands. For rape, the sentence can be up to 12 years. If the victim is a child or in case of other aggravating circumstances, the prison sentence can go up to 18 years.
It is important to realise that sexually transgressive behaviour and sexual violence are never the victim’s fault. The one who crosses the line is at fault.
Seeking help
It is important not to wait to seek help. Maybe a friend or somebody you trust can help you.
After rape or indecent assault you can go to your general practitioner. You can also (anonymously) contact Centrum voor Seksueel Geweld (centre for sexual violence). Here you can obtain medical, psychological and legal support.
You can also go to the police immediately to make a report. They are obliged to respect your privacy. It is important that you report the rape or indecent assault as soon as possible after it happened (preferably within 72 hours). The police can then secure traces such as sperm or blood. Make an appointment with the police via telephone number 0900-8844. If you are afraid of further violence, the police can protect you. The police are obliged to treat you in a respectful and correct way.
According to the law, if you are without legal residence status, the police have to treat you with the same respect as other victims. The police will not arrest you if do not have a residence permit, and you can make a report anonymously. You can ask a social worker or other professional to accompany you.
If you are in an emergency situation and are afraid more violence will take place, call 112.
You can go to a Blijf van mijn Lijf huis (shelter).
Help for perpetrators
If you feel you have been violent in a relationship or you feel there is a risk that you will become violent towards another person, you can seek help. Therapy can help you to talk about your feelings and behaviour and to prevent you from becoming violent (again).