In total, the police registered 14,802 reports of sexual offenses last year. This is nearly 800 reports more than in 2023 (14,015 reports). In the first half of 2024, the police received relatively fewer reports of sexual crimes than usual. However, from July 2024, the figures show a clear increase. From July to December 2024, the reporting percentage was 16 percent higher than in previous years during the same period. It was even busier than in 2022, the peak year after the revelations surrounding The Voice of Holland, says Caroline Monster, head of the National Expertise Team Sexual Offenses.
Sexual Offenses Act
On July 1, 2024, the Sexual Offenses Act (WSM) came into effect. An important part of this law is the amendment of the crime of assault and rape. The focus is no longer on coercion, but on the absence of consent. A person is already punishable if they know or should know that the other person does not want to have sex but goes ahead anyway. This is also known as a fault or intent offense.
There is fault if the perpetrator mistakenly assumes that the other person wants sexual contact. The perpetrator could have inferred that the other person did not want it from signals (such as lying very still) or remarks (such as I wonder if Im ready for this).
There is intent if the perpetrator knows that the other person does not want sexual contact or is aware of that possibility but continues with sex anyway. Intent is always present if the other person says no or I dont want this and the perpetrator continues.
Examples of behaviors that were not previously punishable but are now punishable since July 1, 2024:
- rape and assault, without coercion through violence or threats but where there is fault or intent.
- sex chatting (the sexual solicitation of children by an adult)
- sexual harassment (publicly making an aggressive sexual advance towards another person through comments, gestures, sounds, or touches in a way that is frightening, humiliating, harmful, or degrading)
The new legislation allows victims to report and file complaints earlier, explains Monster. And it gives us more opportunities to initiate investigations.
Impact of the WSM
Whether the increase in the number of reported incidents in the second half of 2024 is a result of the new legislation is still uncertain, warns Monster. The increase in the number of reports may also be related to the societal attention surrounding the introduction of the new law. A government campaign started on July 1, 2024, and there was significant media attention on the topic of sexual violence and inappropriate behavior.
We saw a similar increase in the number of reports in 2022 after the broadcast of BOOS about misconduct at The Voice of Holland. This led to significant societal outrage and the start of the national action program on Sexual Violence and Sexual Harassment. The increase we are seeing now could also be linked to the awareness campaign and media attention.
Assault and Rape
Last year, the police received 3,288 reports of assault and 3,391 reports of rape. 742 of these reports were categorized by the police as possible fault/intention assaults (without coercion) and 331 reports as possible fault/intention rapes (without coercion). However, the Public Prosecution Service decides whether these behaviors can actually be classified and prosecuted as non-coercive assault or rape, emphasizes Monster. It is therefore still too early to make statements about the number of cases involving fault or intent.
Sexual Harassment
In 2024, there were 298 incidents reported of sexual harassment in public. Of these, 63 reports were about online sexual harassment and 235 reports were about offline sexual harassment, also known as street harassment.
Sex Chatting
The police received 131 reports of sex chatting. One of the goals of the WSM is to better protect children and young people from online sexual abuse, says Monster. By making sex chatting punishable, we can now, together with the Public Prosecution Service, act against someone who exchanges sexual messages but does not attempt to meet a child or young person. This often involves larger cases with multiple victims.
The police, in collaboration with the Public Prosecution Service, closely monitor developments surrounding the WSM. There is close coordination on the investigation and prosecution of (new) offenses. Currently, there have been no court rulings on the new offense categories, except for sexual harassment. The first convictions for this occurred starting in October 2024.