Article 245 of the Criminal Code protects the youth against unwanted sexual acts, the public prosecutor explained during today’s court case. The goal is to protect minors against abuse and exploitation, while experiencing their sexual development.
The article of law makes it punishable for an adult to perform sexual acts with a child between 12 and 16 years old. Prosecution can take place if the parents or the minor submit a complaint.
In the Netherlands, sexual acts with minors under the age of 12 are always punishable. Sex between an adult and a minor under the age of 16 is in principle punishable, but there are exceptions. In that case it must be specifically a relationship where there is a small age difference. The parents of the minors concerned must also approve and there must be no question of coercion or abuse of power.
According to the public prosecutor, the age difference in today’s case was not small and the girl involved was put under pressure by her five -year -older friend. According to the Public Prosecution Service, he has been guilty of forgotten acts.
Sex of an adult with a minor of 16 years or older is allowed, provided that it happens voluntarily and there is no other criminal circumstances.