Sexual assault (aanranding) means performing sexual acts that do not involve sexual penetration with someone who does not want them. Since 1 July 2024, coercion or violence no longer has to be proven; for acts committed before that date the old law applies in principle, unless the new law is more favourable to the suspect (Article 1 of the Dutch Criminal Code, Sr).
Table of contents
What is sexual assault under Dutch law?
Sexual assault concerns sexual acts without sexual penetration, where the other person does not want them. Sexual acts also include making the other person perform or undergo such acts (Article 239 Sr). A typical example is touching someone’s breasts, buttocks or genitals.
On 1 July 2024 the Sexual Offences Act (Wet seksuele misdrijven) introduced a new title in the Dutch Criminal Code (Wetboek van Strafrecht), starting at Article 239 Sr. The old Article 246 Sr, indecent assault (feitelijke aanranding van de eerbaarheid), was repealed. For offences committed after 30 June 2024, Article 246 Sr is therefore no longer the standard.
If the sexual acts consist of or include sexual penetration, the offence is negligent or intentional rape (schuld- of opzetverkrachting, Articles 242 and 243 Sr). That distinction determines the maximum sentence and the limitation period.
Which forms of sexual assault does the law recognise?
The law recognises three forms, in Articles 240 and 241 Sr. They differ in what the suspect knew or had serious reason to suspect, and in whether there was coercion.
| Form | When | Article | Maximum prison sentence | Limitation period |
|---|---|---|---|---|
| Negligent sexual assault (schuldaanranding) | You had serious reason to suspect the other person did not want it | 240 Sr | 2 years | 6 years |
| Intentional sexual assault (opzetaanranding) | You knew the other person did not want it, or knowingly accepted that chance | 241 Sr | 6 years | 12 years |
| Aggravated intentional sexual assault (gekwalificeerde opzetaanranding) | Intentional sexual assault with coercion, violence or threat | 241 Sr | 8 years | 20 years |
With negligent sexual assault, it does not have to be proven that the suspect wanted or knew that the other person was unwilling. It is about a wrong assessment of risk: there were clear signs that the other person did not want it, and the suspect carried on (Article 240 Sr).
With intentional sexual assault, conditional intent (voorwaardelijk opzet) also counts: anyone who realises the other person may not want it and ignores that falls under the more serious Article 241 Sr.
With aggravated intentional sexual assault, coercion is an aggravating circumstance. Whether unexpected touching already amounts to coercion depends on the circumstances. On 14 July 2026, the Supreme Court (Hoge Raad) held that unexpected sexual touching can amount to coercion within the meaning of Article 241(2) Sr if the victim had to endure the acts as a result (ECLI:NL:HR:2026:1235). The court of appeal had treated such touching as ordinary intentional sexual assault; the Supreme Court partly overturned that judgment and referred the case back.
With aggravated intentional sexual assault, the Public Prosecution Service (Openbaar Ministerie, OM) may not settle the case itself with a punishment order (strafbeschikking) or an out-of-court settlement (transactie) (OM sentencing guideline for sexual assault 2026R001, in force since 15 April 2026). That case always goes to court.
What changed on 1 July 2024?
Before 1 July 2024, the Public Prosecution Service had to prove that the suspect had coerced the victim, for example with violence or another act. Since the Sexual Offences Act, the absence of the other person’s will is the core.
As a result, more conduct falls within the offence. Even if the victim froze or did not protest, there can be sexual assault. What remains decisive is what the suspect knew or had serious reason to suspect about the absence of will; the exact limits are still being worked out in case law.
The law does not apply retroactively: for acts before 1 July 2024, the old Article 246 Sr is in principle the standard. Because the law changed after the act, it must however be checked whether the new rules are more favourable to the suspect; if so, they apply (Article 1 Sr). For older cases, the maximum sentence and limitation period must therefore be checked for each offence.
The same act also made sexual harassment in public a criminal offence (Article 429ter Sr). That is a minor offence (overtreding) and therefore less serious than sexual assault.
How long can sexual assault be prosecuted?
The limitation period follows from the maximum sentence (Article 70 Sr): 6 years for negligent sexual assault, 12 years for intentional sexual assault and 20 years for aggravated intentional sexual assault. If the victim was under 18, intentional and aggravated intentional sexual assault do not become time-barred. If the suspect was under 18 at the time, different, usually shorter, periods apply (Article 77d Sr).
The period starts in principle on the day after the offence (Article 71 Sr). Reporting an offence can therefore still make sense years later; the police first assess whether the offence is time-barred.
How is sexual assault proven?
Sexual assault usually happens without witnesses, which makes proof difficult. The court may not base a conviction solely on the statement of one witness (Article 342 of the Dutch Code of Criminal Procedure, Sv). There must therefore be other evidence that supports that statement; the court decides per case which evidence is sufficient. In practice this is often messages, traces or statements from people the victim spoke to shortly afterwards. The court must also be convinced itself (Article 338 Sv). How a case runs from the report to the hearing is explained in our article on sexual offence cases in the Netherlands.
Outcomes vary greatly. In May 2026, the District Court of Gelderland convicted a suspect of intentional sexual assault and acquitted him of the aggravated form. The sentence was 60 days’ imprisonment, of which 59 suspended with a two-year probation period. He also received 180 hours of community service, to be replaced by 90 days’ detention if he does not carry it out (ECLI:NL:RBGEL:2026:4176).
What should you check if you are suspected of sexual assault?
- Do not make a statement before you have spoken to a lawyer. You are not obliged to answer (Article 29 Sv) and you have the right to consult a lawyer before your first police interview (Article 28c Sv).
- Keep all messages, chats and photos from before and after the contact. Deleting them can be interpreted against you.
- Do not contact the person who reported you, not even to talk things over. That can be seen as influencing them.
- Check which form the Public Prosecution Service accuses you of. The difference between negligence, intent and coercion determines the maximum sentence and the limitation period.
- Check the date of the offence. For acts before 1 July 2024, the old law applies in principle, unless the new law is more favourable to you.
- Do not accept a punishment order, a sentence the Public Prosecution Service imposes itself, without advice. It goes on your criminal record (justitiële documentatie), which can count when you later apply for a certificate of conduct (VOG). You can object within 14 days after the order was handed to you in person or after you otherwise became aware of it (Article 257e Sv).
What should you check if you are a victim of sexual assault?
- In acute danger, call 112. For medical and forensic help, you can contact the Sexual Assault Centre (Centrum Seksueel Geweld) day and night on 0800-0188.
- Have traces recorded as soon as possible. The Sexual Assault Centre advises you to report preferably within seven days.
- Keep messages, clothing and the names of people you spoke to shortly after the incident. That is often the supporting evidence.
- You can first have an informative conversation with the vice squad (zedenpolitie) before deciding whether to report the offence.
- As a victim, you can join the criminal case with a claim for damages (Article 51f Sv). The court can then order the offender to pay through the State (Article 36f Sr).
- You have the right to speak at the hearing (spreekrecht) and the right to your own lawyer.
What can we do for you with sexual assault?
Our criminal lawyers assist both suspects and victims.
- We assist you during the police interview and discuss beforehand whether you make a statement or remain silent.
- We check whether the charge of the Public Prosecution Service (tenlastelegging) names the right form: negligence, intent or coercion.
- We check whether the old or the new law applies and whether the offence is time-barred.
- We assess a punishment order and lodge an objection where needed.
- We support victims with reporting, joining the proceedings as an injured party and the right to speak.
- We conduct the defence or represent the victim’s interests at the hearing.
Summary
- Sexual assault is a sexual act without penetration while the other person is unwilling.
- Since 1 July 2024 the law recognises negligent sexual assault (max. 2 years), intentional sexual assault (max. 6 years) and aggravated intentional sexual assault (max. 8 years).
- Coercion no longer has to be proven; the key is the absence of the other person’s will.
- For offences before 1 July 2024, the old Article 246 Sr applies in principle, unless the new law is more favourable.
- Intentional sexual assault of a minor does not become time-barred.
Frequently asked questions
What is the difference between sexual assault and rape?
With rape (verkrachting) there is sexual penetration of the body; with sexual assault there is not. Rape carries higher maximum sentences (Articles 242 and 243 Sr).
Is unwanted touching over clothing also sexual assault?
It can be. Touching over clothing is also a sexual act. Whether it is sexual assault depends on what the suspect knew or should have suspected about the other person’s will.
What is the sentence for sexual assault?
The statutory maximum is 2 years for negligent sexual assault, 6 years for intentional sexual assault and 8 years with coercion, violence or threat. These are statutory maximums, not usual sentences. The Public Prosecution Service uses a guideline as the starting point for its demand; the court decides the sentence per case.
Can I still report sexual assault after many years?
Often, yes. Intentional sexual assault becomes time-barred after 12 years and the aggravated form after 20 years. If you were a minor, intentional sexual assault does not become time-barred.
Do I have to make a statement if I am a suspect?
No. You are not obliged to answer and you have the right to consult a lawyer before your first police interview. Discuss with your lawyer first whether making a statement is in your interest.
Sources
- Dutch government: Sexual Offences Act (Dutch)
- Bulletin of Acts and Decrees 2024, 59 (Dutch)
- NJB: the new Sexual Offences Act (Dutch)
- Public Prosecution Service: sentencing guideline for sexual assault, 2026R001 (Dutch)
- Dutch Criminal Code (Dutch)
- Supreme Court 14 July 2026, ECLI:NL:HR:2026:1235, on unexpected touching and coercion (bijzonderstrafrecht.nl, Dutch)
- District Court of Gelderland 22 May 2026, ECLI:NL:RBGEL:2026:4176
