Sexually transgressive behavior: when is it punishable?

On July 25, 2025

When someone is subjected to unwanted sexual contact, this is referred to as sexually transgressive behavior. Sexually transgressive behavior can take various forms, but not every sexually transgressive act is punishable under Dutch law. In this blog, you can read about which transgressive behaviors are punishable under the new Sexual Offenses Act, which came into force on July 1, 2024.

The most important change brought about by the new law is that it extends criminal protection for victims of sexual offenses. This means that, as a “perpetrator,” you are more likely to be prosecuted for transgressive behavior than before.

The main points of the new law

The law provides a more detailed description of what is meant by sexual interaction. In short, it must involve physical acts in which the ‘perpetrator’ exhibits sexually transgressive behavior by performing sexual acts against the will of the victim. Unlike before, a ‘perpetrator’ who remotely controls the sexual acts of the victim is now also punishable. This includes contact via telephone or computer. This means that sexual interaction now also refers to a situation in which the perpetrator and victim have no physical contact but do perform sexual acts related to their mutual contact.

The basic principle here is that sexually transgressive behavior is punishable, both offline and online.

Sexual abuse of children

The new law distinguishes between sexual abuse of children involving physical acts and preparatory acts, such as grooming. Grooming is digital ‘child luring’. These behaviors are separately criminalized as transgressive behavior. Sexual approaches to children are also independently criminalized.

Sexual contact with children under the age of 16 is always punishable, because children under the age of 16 are not considered capable of voluntarily engaging in sexual contact. However, there is a legal exception for consensual sexual contact between peers aged 12 and older. In other words, contact with mutual consent.

Child pornography

The legislation on child pornography is being adapted to the current digital age and now includes modern forms such as live streaming. A ground for exclusion from punishment is also being introduced for consensual sexting between young people, while the distribution of images to third parties remains punishable as sexually transgressive behavior.

Sexual harassment

The new law introduces a new criminal offense for sexual harassment in public. This can include both physical behavior and verbal or nonverbal expressions of a sexual nature that are perceived by the other person as frightening, humiliating, hurtful, or degrading. Such expressions are punishable if it can be objectively established that they are intimidating in nature. Factors that are taken into account in this context include explicit comments, gestures, sounds, or touching. This criminal offense applies to both public spaces and online, such as social media. This also makes this type of sexually transgressive behavior a criminal offense.

New offenses

The bill expands the criminal law protection of victims against sexual assault and rape by classifying these offenses into three forms: negligence, intent, and a qualified form (coercion).

Sexual assault and rape

Sexual assault includes all sexual acts with the exception of sexual penetration. Rape involves sexual acts that include sexual penetration of the body.

Negligence

A punishable form of sexually transgressive behavior (negligent sexual assault or rape) occurs when someone performs sexual acts while that person has serious reason to suspect that the sexual acts are taking place against the will of the other person. The negligence variant therefore emphasizes the need to verify whether the other person is comfortable with what is happening.

Intent

Intentional sexually transgressive behavior that is punishable by law (intentional sexual assault or rape) occurs when someone performs sexual acts knowing that such sexual acts are contrary to the will of the other person. This is the case if someone knows that the other person does not want to participate in the sexual acts (so-called full intent) or if someone suspects this and ignores or accepts this suspicion by not stopping the sexual acts (so-called conditional intent).

Qualified (coercion)

Whereas until now coercion (the use of force or threats) was required for a conviction of sexual assault or rape, from July 1, 2024, proof of coercion will no longer be required for a conviction of sexual assault or rape. The new law thus emphasizes the lack of consent on the part of the other person. Victims will therefore no longer have to prove that they resisted or that they were unable to escape the situation. If coercion can be proven, this constitutes an aggravating circumstance and may result in a conviction for so-called qualified sexual assault or rape—both serious forms of sexually transgressive behavior that are punishable by law.

For questions on this subject, please contact Merel Neijenhuis or one of the other lawyers at our firm.