New Sexual Offenses Act and workplace prevention and response

With the adoption of the Sexual Offences Act, proposed by Minister of Justice and Security Yeşilgöz-Zegerius, victims of these crimes will be better protected under criminal law than ever before. The new law is a positive step forward in protecting victims and combating sexual violence and harassment, with a strong approach to both online and offline sexual violence and sexual misconduct. What does the law contain and what are its implications for preventing and tackling sexual misconduct in the workplace?

The Sexual Offences Act, which will come into effect on 1 July 2024, introduces several crucial changes that will have a direct impact on the protection of victims and the prosecution of perpetrators. One of the most notable changes is the broader definition of rape and sexual assault. Evidence of coercion or violence will no longer be required to prove these crimes. Instead, the focus will shift to the concept of mutual consent; if there are clear signals that the other person does not want sex, continuing sexual contact will be punishable. This change recognizes the complexity of sexual interactions and places the responsibility on all parties involved to ensure that consent is always present.

In addition, the law criminalizes sexual harassment in public as a violation. Whether it is on the street or on social media, sexual harassment will no longer be tolerated. The new law recognizes the profound impact of this behavior on individuals and communities and sets clear boundaries to ensure the safety and dignity of all citizens.

Another important aspect of the law is the approach to online sexual abuse, especially aimed at protecting vulnerable groups, such as children. The criminalization of “sex chatting”, the sexual solicitation of children via digital channels, emphasizes the need to ensure the safety of individuals in the virtual world as well. These changes send a strong message that sexual violence and harassment, regardless of the context, are unacceptable and will be severely punished.

In addition, the penalties for various sexual offenses are increased to reflect the seriousness of these crimes. Whether it is rape of a minor or child pornography, the law aims to adequately punish perpetrators of sexual crimes and provide justice for victims.

Minister Yeşilgöz-Zegerius: “It is unacceptable that people cannot move around safely for fear of sexual harassment from others.”

Minister Yeşilgöz-Zegerius stressed the importance of the new law as a strong signal from society against sexual violence and harassment. “With this law, we set a clear standard: sex should always be voluntary and equal,” she said. All in all, the Sexual Offenses Act represents an important step forward in protecting victims and combating sexually transgressive behavior.

Preventing and addressing sexual transgressive behavior in the workplace

As Partners in Vertrouwen, we endorse the importance of protecting victims in the absence of mutual consent. However, we believe that it will remain difficult to prove an absence of mutual consent and are curious about the implementation of the new law and the resulting casuistry. This new legislation also plays a crucial role in addressing and preventing sexually transgressive behavior in the workplace. The Sexual Offenses Act not only provides a legal framework for defining and punishing transgressive behavior, but it also encourages organizations to develop internal guidelines and procedures that protect employees.

The new law can be seen as encouraging employers to create a safe and respectful work environment where employees feel empowered to report sexually transgressive behavior.

In addition, the law raises awareness around the issue, making both victims and witnesses feel more supported to come forward. The law not only supports the direct handling of incidents, but also works preventively by fostering a culture of responsibility and respect, which is essential to countering sexually transgressive behavior in any workplace.