The Dutch government is planning to make it a criminal offence to have sex with someone who may be unwilling, to sexually harass people in public and to make sexual approaches to under-16s.

Justice minister Dilan Yeşilgöz on Wednesday published draft legislation which stresses that ‘sexual interaction’ should always be voluntary and equal, both in the physical world and online.

Current criminal law is outdated and needs a fundamental review to take into account digital developments and current sexual norms, the minister said.

‘Sexually transgressive behaviour is everywhere in society and it is time we put a stop to it, because everyone should be able to feel safe, when you are walking down the street, at work, interacting with someone online or just in your own home,’ Yeşilgöz said in a briefing.

The law will make sexual contact with someone the initiator knows or suspects is unwilling punishable as a form of assault or rape.

Current law on sexual assault and rape requires evidence of violence and threats, but when the new legislation is implemented, this will no longer be necessary for a conviction.

In addition, the legislation states, if there is any doubt about whether both people are willing participants, the initiator much verify whether the other person actually consented to sexual contact.

Violence or force will still count as an aggravating circumstance and result in a higher penalty.

Children

The law will make it an offence to make sexual approaches to children under 16, for example by sending online messages. The increase in internet, social media and smartphone use has led to an increase in online sexual contact, the minister said. ‘Children are particularly vulnerable to online sexual abuse.’

Sexual harassment in public – such as making unwanted approaches or touching someone on the street – will also be an offence. ‘Women should not have to avoid certain neighbourhoods or be afraid to wear a short skirt,’ Yeşilgöz told the AD. ‘It is not something we should put up with, and young men should be aware of that.’

2024

The new legislation is now being put out to consultation and the cabinet hopes it will come into effect in 2024.

In the meantime, work has started on the education, training and recruitment of the necessary specialist staff throughout the criminal justice chain.

In 2020, the then justice minister Ferd Grapperhaus proposed introducing a new offence of ‘sex against a person’s will’, which would carry a penalty of six years in jail instead of 12.

That plan was dropped following criticism from Amnesty International and MPs from across the political spectrum.