NATIONAL ANALYSIS

Netherlands

Available data on
women victims of rape

Legislation

4ExpertAleid van den Brink

4Legislation
In the Netherlands, legislation relating to sexual
violence is more extensive than the definition presented in the model. As well as laws on rape, assault
or violation, articles also cover the offences of lewd
acts, pornography, juvenile prostitution, and enticing young people under 16 to have sex with a third
party. Rape within marriage is also forbidden.
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Important issues in the law are the age of the victimand whether the latter is capable of giving consent.
For example, sexual penetration of someone below
the age of 12 is always rape, despite consent. Sexualpenetration of someone below the age of 16 outside
marriage is also considered rape according to thelaw. However, sexual relations among young people
who give mutual consent are allowed in everyday
life; when problems occur (e.g. when parents haveobjections) the judge is obliged to hear testimony
from the two young people involved (known as acompulsory hearing [hoorplicht]).
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 caseof penetration) or assault.

Lastly, abuse of authority or trust in order to havesex is also included in the law. Thus, having sex withan under-aged child, stepchild or foster child, pupil,subordinate, or with an adult who is dependent on
the perpetrator is against the law.

Available data on women victims of rapeEvery three years, a large-scale, representative study
on sexual health is conducted among the Dutch
population of 15 years and older. The study is carried out by Rutgers WPF, the centre of expertiseon sexuality, and is financed by the government.
Experiences of sexual violence are included in thisstudy. The content of the questionnaire may differ
every three years, but lifetime and annual prevalenceof sexual violence, characteristics (including rape),
perpetrator and age of the victim are establishedeach time. The prevalence of sexual violence is established in two ways: first a general question is asked:“Violence and aggression happens everywhere andcan (also) be sexual. It can happen at home or on thestreet; the perpetrator can be a stranger or somebody known to you. It includes being approachedsexually in a way that is offensive, being touchedagainst your will, being forced to do sexual things,
or being forced to have sexual things done to you.
Have you ever experienced sexual violence?” Subsequently, all participants are asked specifically andin detail if they have experienced particular forms
of sexual violence, ranging from hurtful remarks to(attempted) rape.

The most recent study revealed the following results(De Haas, 2012):
With regard to the general question, 33% of thewomen and 8% of the men (n=7543) answered yes;
1.3% of the women and 1.2% of the men indicatedthey had experienced some sort of sexual violencein the year preceding the survey.
When measured with specific questions, these figures
were 42% among women between 25 and 70, 31%
among women between 15 and 24, 13% among men
between 25 and 70 and 11% among men between
15 and 24, respectively. These include lifetime occurrences of physical forms of sexual violence, varying
from kissing to vaginal or anal intercourse.
In the survey, 17% of the women between 25 and 70
and 16% of the women between 15 and 24 indicatedthey had experienced (physical) sexual violence before the age of 16. For the men these figures were
3% and 4% respectively. It found that 15% of thewomen between 25 and 70 and 8% of the women
between 15 and 24 were raped at least once in theirlives, whereas 2% of the men were victims of rape.
Less than 20% of all perpetrators are known to thevictim. Women are mostly violated by their partners,
and when under 16 by family, neighbours or people
they meet when going out. Men also mention partners and friends, and family and neighbours when
they are under 16.

The above-mentioned results and more are publishedin Dutch in S. de Haas (2012): Seksueel grensoverschrijdend gedrag onder jongeren en volwassenenin Nederland. Tijdschrift voor Seksuologie, 36(2),136-145.
Specific results of the 2009 data are about to bepublished in English: Haas, S., de, Berlo, W., van,Bakker, F. & Vanwesenbeeck, I. (in press). Prevalence
and characteristics of sexual violence in the Netherlands, the risk of re-victimization and pregnancy:
Results from a national population survey. Violenceand Victims.

Useful Contacts
Rugterswpf NL
t +31 (0)30 232 98 17
w.vanberlo@rutgerswpf.nl
www.rutgerswpf.nl

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