On 19 March 2024, the Dutch Senate approved the new Sexual Offenses Act, which enters into force on 1 July 2024 (!), replacing the old sexual offenses law. This new law criminalizes all forms of non-consensual sex under the heading of rape. Criminal defense lawyers specializing in sexual offenses fear that prosecution for rape will happen too readily, given the often confusing communication surrounding sexuality.
Lowering the threshold.
The new law is expected to lower the threshold for filing a report, since more forms of conduct are now considered criminal. Sexually intimidating behavior in public will also be punished more severely.
Burden of proof in hierarchical relationships
From 1 July 2024, this legislation also affects employment law, whereby sexual intimidation and acts within hierarchical relationships/relationships of dependency are more readily deemed criminal, unless proven otherwise by the supervisor. The inherent inequality affects the will of those involved, according to the legislature. Think, for example, of a manager who has a sexual relationship with a subordinate. This requires vigilance from both employers and employees, since criminal consequences are possible.
Incidentally, the criteria for the situation regarding sexual relationships between colleagues (without a hierarchical relationship) have not yet been clearly established.
What can you arrange within your organization now?
To be prepared within your organization, we advise providing clear information and drawing up rules that prohibit sexual intimidation and sexual acts within relationships of dependency. Violating these rules can constitute urgent grounds for summary dismissal or dissolution of the employment contract. Employers should apply a clear assessment framework, in which standards regarding sexually transgressive behavior are clear to all employees. Also actively enforce this policy and keep it alive.
Looking for expert advice on drafting such clear rules? Or are you looking for advice regarding a sexual relationship or transgressive behavior between colleagues? The business lawyers of The Legal Company specialize in this topic and are happy to help. Contact us directly by emailing info@thelegalcompany.nl or calling 020-345 0152.
Masterclass Become an internal confidential advisor in 1 day – 27 June 2024
Every organization is legally required to offer its employees a safe working environment. Yet an employee can easily be confronted with unpleasant situations such as bullying, discrimination, and sexual intimidation. With the training ‘Become a confidential advisor in one day’, you contribute to a safe and trusted environment within the organization.
During this training, Hella Vercammen (certified confidential advisor no. 2473) teaches you to distinguish between undesirable workplace conduct, integrity violations, and labor conflicts. You learn to recognize undesirable workplace conduct, how it can be prevented, and how to limit the consequences as much as possible. Naturally, you also learn how to fulfil your role as confidential advisor.
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Nothing changes as constantly as laws and regulations. Please note that our blogs may no longer align with current laws and regulations and may therefore be outdated. If you have questions or an issue relating to this blog, or would like legal assistance, please contact us.
