Annotation:
This report outlines the criminalization of rape in the Netherlands. The definition of rape in the Dutch Criminal Code focuses on a forced-based definition rather than on a lack of freely given consent. The definition of rape does not explicitly include marital rape; however, marital rape is covered in the general provisions as a crime. The report stresses that having a force-based definition will exclude relief for victims who did not physically resist unwanted sexual conduct. The report also notes that the prosecution for rape cases are pending for a long time, which may be a burden to victims that need to recount details of their rape at court. Lastly, the report voices their concern that the proposal for new legislation to categorize between severe and lighter categories of rape may cause cases to be decided depending on the strength of the victim’s evidence. Therefore, this may not provide victims with genuine protection and justice.