Being suspected of a sexual offence can have serious consequences for your freedom, work, relationships and reputation. The first legal question is what exactly you are accused of and when the alleged offence is said to have been committed. Since 1 July 2024, new criminal provisions on sexual offences have applied. The assessment turns on the conduct, the circumstances and the law that applied at the relevant time.
Nederlands: Lees dit artikel in het Nederlands: Verdacht van een zedendelict: uw rechten en de Wet seksuele misdrijven
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If you receive a police invitation or are arrested, contact a criminal defence lawyer in good time. Keep existing messages and other data, do not approach the complainant about the substance of the case, and do not give a statement without preparation. A careful defence starts with information and an overview, without anticipating guilt or innocence.
What is meant by a sexual offence
“Sexual offence” (zedendelict) is a collective term used in everyday language for a wide range of sexual criminal offences. It may include indecent assault, rape, sexual acts with minors or criminal conduct involving sexual images. Each provision has its own requirements and possible sanctions.
A general description on an invitation therefore does not tell you enough. Your lawyer will want to know which article is cited, which period is being investigated and which specific act is attributed to you. The age and position of those involved can be of great legal importance.
It is also important to distinguish between a criminal case and other investigations. An employer, educational institution or disciplinary body may conduct its own procedure about the same events. Those procedures do not automatically have the same rules of evidence or objectives. Statements and documents can, however, have consequences in more than one process.
What changed on 1 July 2024
The Sexual Offences Act (Wet seksuele misdrijven) changed the criminal law protection against sexually transgressive behaviour. Under the new provisions on indecent assault and rape, the absence of willingness to engage in sexual acts has become the central element. Coercion is no longer a necessary element of every criminal variant.
The Act distinguishes, among other things, between negligence-based and intent-based variants. The negligence variants concern situations where there is serious reason to suspect that the other person is unwilling. The intent variants concern the required knowledge that the other person is unwilling, and conditional intent may also be relevant. The use of coercion, violence or threats can lead to a more serious variant.
This does not mean that every uncertainty described after the event automatically proves a criminal offence. The Public Prosecution Service (Openbaar Ministerie, OM) must prove the specific statutory requirements. Nor is there any general statutory requirement that consent can only be given on a written form. The assessment concerns the actual interaction and the applicable definition of the offence.
Why the date of the offence matters
A change in the law cannot simply be applied as though it had always been in force. For events before 1 July 2024, the applicable law and any transitional law must be assessed carefully. The criminal law principle of legality and the rules on changes in legislation are relevant here.
A case file may refer to several events over a longer period. In that case, a single interpretation cannot automatically be used for the entire period. Your lawyer must compare the individual acts, dates and statutory provisions side by side. The wording of the indictment must also be checked against them.
Older information about maximum sentences or proof of coercion may therefore be unsuitable for a recent offence. Conversely, new criminal provisions may not be applied to older events without further assessment. Note down for your lawyer which dates are certain and which are only approximate.
Absence of willingness and the circumstances of the contact
When sexual acts are assessed, the words, conduct and situation of those involved may be relevant. The absence of physical resistance does not automatically mean that there was consent. A previous relationship or earlier voluntary contact does not give general permission for a later moment either.
At the same time, the criminal law assessment must remain specific. What signals were there, what happened next and what could the suspect have understood from them? The law distinguishes between different forms of intent and negligence. That distinction must not disappear into a general statement that someone felt hurt afterwards.
Circumstances such as sleep, unconsciousness, substance use, dependency or a vulnerable position can be important. Their legal significance differs depending on the provision and the facts. Describe precisely what you yourself observed. Avoid drawing conclusions about the other person’s state of mind if you have no direct knowledge of it.
An invitation to an interview
A police invitation may sound businesslike or informal while you are in fact being questioned as a suspect. Ask in what capacity you are being heard and the reason for the interview. Send the complete letter to your lawyer, including the scheduled date and the investigating officer’s contact details.
A lawyer can make contact about the suspicion, the available information and preparation. The full case file is not always available before the first interview. That fact is precisely what matters when deciding whether, and about what, you give a statement. An interview is not a suitable occasion to guess missing times or details under pressure.
Also read the explanation about a police summons letter. If you are arrested, decisions may also follow on detention at the police station and pre-trial detention. Your rights after arrest also continue to apply in the case of these suspicions.
The right to remain silent and a considered statement
As a suspect, you do not have to answer questions about your involvement. Under the applicable rules, you have the right to consult and be assisted by a lawyer. Exercising the right to remain silent is not a confession. Whether giving a statement is wise in your case does, however, require an individual assessment.
A statement can be relevant for presenting an alternative account, an alibi or important context. But it must be careful and truthful. Discuss with your lawyer what you know for certain, what you do not remember and what information you only heard later from others.
A consistent statement does not mean that you should rehearse a story. It is about accuracy and avoiding speculation. Correct inaccuracies in the record through the proper route. If you do not understand a question or need an interpreter, say so before you answer.
What evidence plays a role
Statements by those involved may be central, but they are assessed in conjunction with other evidence. That may consist of messages, witness statements, location data, medical findings, camera footage or forensic traces. Not every type of evidence answers the same question.
A trace may, for example, say something about contact, but cannot by itself establish whether that contact was voluntary. A message sent after an event may be relevant, but must be read in its context. Likewise, the absence of injury or a late report is not in itself conclusive proof that an offence did not take place.
The defence can examine the reliability, meaning and coherence of the data. In doing so, general assumptions about how a victim or suspect ought to behave must not take the place of a concrete assessment of the evidence. The question is what the data in this case can actually support.
One statement against another
The fact that two people involved give different accounts does not automatically mean that the case must be dismissed. The statutory rules of evidence require an assessment of the whole. Article 342 of the Dutch Code of Criminal Procedure (Sv) contains an evidentiary minimum for the use of a single witness statement, but its application cannot be reduced to counting people.
Supporting evidence does not need to tell the same story independently on every detail. It must, however, be carefully examined whether there is a sufficient connection with the offences charged. Ultimately, the court must find the charges legally and convincingly proven.
A lawyer can therefore take a targeted look at the source and significance of supporting evidence. Did a witness observe something personally or only hear about it later? What does a message really show? Have statements changed on relevant points, and is there an explanation for that? Such questions must be examined respectfully and factually.
Keeping digital communication safe
Messages before and after the alleged incident can be important. Keep the complete conversations, including date and time. Make clear where the original data are stored and which accounts they belong to. A small selection can unintentionally give a distorted picture.
Ask your lawyer how sensitive data can best be provided. Do not send intimate images through unsecured channels and do not distribute material to support your account publicly. Where material may be criminal, particularly if minors could be involved, seek legal advice immediately on how to handle it properly. Do not make new copies or distribute anything on your own initiative.
Do not approach the other person to have old messages confirmed again or to record a particular interpretation. That may be regarded as undue influence. Route any necessary requests for investigation through your lawyer, so that it remains clear what is being asked and why.
Witnesses and further investigation
Give your lawyer the names of people who may actually have relevant information. Describe what they themselves saw or heard and how you know this. A list of people who consider you trustworthy is something different from evidence about the event.
Camera footage, location data or other data may also only be available for a limited time. Report possible sources early. Your lawyer can assess whether a targeted request is needed to secure information or have an investigation carried out. Do not wait until a hearing if you know that data may disappear quickly.
Do not approach witnesses yourself to align statements. Even well-intentioned conversations can influence memories or cause a new dispute in the case file. A careful request for investigation focuses on verifiable questions and respects the position of everyone involved.
Pre-trial detention and contact conditions
For some suspicions, pre-trial detention may be considered if the statutory requirements are met. The seriousness of the accusation alone does not answer every question about continued detention. Serious grounds for suspicion, statutory grounds and personal circumstances must be assessed.
If suspension is being considered, conditions on contact or location may be relevant. A specific residential address, work arrangements and a workable plan can help when discussing risks. This is no guarantee of release and no admission of guilt.
Comply precisely with any conditions imposed. A contact ban also applies when the other person sends you a message. Have practical exceptions assessed formally. The information on time limits and stages of pre-trial detention provides background on the procedure, but the specific decision remains decisive.
Work and reputation during the investigation
A suspicion may lead to questions from an employer or client. What information you must provide depends on your position, agreements and any professional rules. There is no universal answer for every employee or entrepreneur. Have a specific request for information assessed before you respond in detail.
An internal investigation at work may follow its own timeline. Ask which allegation is being investigated, who is carrying out the investigation and how your response will be recorded. Where necessary, the criminal defence and your employment law position must be aligned.
Be restrained on social media. A public statement may violate the privacy of others, influence the investigation or later be used against you. A short, businesslike announcement through an agreed route may sometimes be appropriate, but an online battle about evidence is rarely good preparation for legal proceedings.
Minors and relationships of dependency
Specific provisions apply to sexual offences involving minors. Age, age difference, the nature of the acts and the relationship between those involved can be decisive. The general explanation of voluntariness between adults cannot therefore simply be applied.
Special rules may also apply in a care, authority or other dependency relationship. It is not enough simply to argue that the other person consented without examining which provision applies. Your lawyer needs to know the formal role and the actual relationship.
Is the suspect a minor? Then the rights and principles of juvenile criminal law also apply. See the information about juvenile suspects. Involve parents or carers in an appropriate way and prevent family members from reconstructing statements among themselves.
Possible outcomes of the investigation
A case may end in a dismissal (the Public Prosecution Service drops the case), an acquittal by the court or another form of disposal. In the event of a conviction, the sentence and measures depend on the offence proven and the circumstances. The new Act has several forms of offence, so a single general level of sentencing for sexual offence cases would be misleading.
In addition to a sentence, financial claims, conditions and consequences for a certificate of conduct (VOG) can be important. Even after a dismissal, attention may be needed for registration, seizure and any compensation. The legal significance of the reasons given then deserves a separate assessment.
A careful defence therefore looks at more than just the next hearing. Which investigative questions need to be raised now? Which time limits are running? Which other procedures are involved? Organising those questions early produces a better-founded approach for the case as a whole.
Preparing for a confidential first meeting
For a first meeting, you do not need to reconstruct the entire criminal file yourself. Start with the police letter, known dates and an overview of the available data. Briefly describe which events you recognise and which accusation is still unclear to you. Also mention any other ongoing investigations at work or within an institution.
Indicate whether there are urgent personal consequences, such as threatened dismissal, restrictions concerning children or a planned trip. Those circumstances do not determine the evidence, but they may call for timely coordination. Also discuss with whom the lawyer may maintain practical contact.
The conversation with your own lawyer is intended for a complete and honest inventory. Withholding unfavourable information does not help the defence. By distinguishing facts, uncertainties and urgent interests early, an appropriate approach can be chosen for the next stage of the proceedings.
Frequently asked questions about a sexual offence suspicion
Is coercion always required for a conviction?
No. Since 1 July 2024, coercion is not required for every variant of indecent assault or rape. The applicable provision, the date of the offence and the required form of intent or negligence must, however, be specifically established and proven.
Is no resistance the same as consent?
No. The absence of physical resistance does not automatically mean that there was willingness to engage in sexual acts. All the circumstances and signals must be examined within the applicable statutory provision.
Can a single police report lead to prosecution?
A police report can give rise to an investigation and prosecution. For a conviction, statutory rules of evidence apply and the offence must be legally and convincingly proven. The significance of supporting evidence requires an assessment on the merits.
May I ask the complainant for an explanation?
Do not do so on your own initiative during the investigation, and certainly not if there is a contact ban. Contact may be regarded as undue influence. Discuss any uncertainties and investigation requests with your lawyer.
Should I delete all messages for my privacy?
No. Deleting may cause relevant evidence to be lost. Keep existing data and discuss how it can be provided carefully and securely. Do not distribute intimate or potentially criminal images on your own initiative.
Does the new Act also apply to older events?
Not automatically. The date of the alleged offence and the rules on applicable law are decisive. Where a period straddles 1 July 2024, the individual events and provisions must be carefully distinguished.
Discuss your situation in confidence
Arslan Advocaten can assess what suspicion you face, what information is needed and how to prepare for an interview or hearing. See our criminal defence services or get in touch. Mention any scheduled court date and first discuss how sensitive documents can be shared securely.
Sources
Editorial team and responsible lawyer
Editorial team: Arslan Advocaten. Responsible lawyer for criminal law: Melanie Schulpen.
Last editorially updated: 22 September 2026. This general information does not replace an assessment of your own case.
