Administrative data sources on GBV in
Administrative data sources
Administrative data sourceNetherlandsViolence, JusticeCommunications System of the Administrative Office of the Public Prosecutor (COMPAS) and Integrated Process System (GPS)
Communicatiesysteem Openbaar Ministerie Parket AdminiStratie, Geïntegreerd Proces Systeem
Administrative data sourceNetherlandsViolence, Justice
Administrative data sourceNetherlandsViolence, Justice
NetherlandsGeneral legal definitionViolence, JusticeLegal provisions on protection orders:
The court can impose a “no contact order‟ (contactverbod) which entails that the offender is no longer allowed to contact the victim (not in person, in writing, by telephone, by e-mail, or any other form of communication). Another option, which can simultaneously be imposed, is the “street restraining order‟ (straat-en/of gebiedsverbod). After the imposition of this order, the offender is no longer allowed to enter the street where the victim lives, or to be present in a certain area. Often, the orders are designed so as to grant maximum safety to the victim during her daily activities, while keeping the restraints on the offender’s freedom of movement to a minimum. [57: University of Tilburg et al. Feasibility study national legislation on gender violence and violence against children – Report on the Netherlands, 25 May 2010, p.17.]A hospital order is a unique Dutch provision in criminal law where the psychologically or psychiatrically disturbed violent and/or sex offender, who is diagnosed to have a high risk of recidivism, is detained under an intensive forensic-psychiatric treatment regime. The length of that type of detention is never pre-defined but depends on whether the perpetrator is considered to be have healed.
NetherlandsViolence, JusticeIntimate Partner Violence
Violence committed by someone from the domestic or family circle of the victim (definition used by the government).Observations
In this regard “domestic and family circle” means partners, ex-partners, family members, and domestic friends.
In the Netherlands, domestic violence includes intimate partner violence. This violence can take on many forms: physical, sexual and/or psychological. Practically, domestic violence is understood to include abuse of (ex-) partners, children, parents and elderly people; honour-related violence, forced marriage and genital mutilation are also included.
Domestic Violence is not a separate offense under Dutch law, but can be prosecuted under other serious (sexual) offenses and might have an augmenting effect on the penalty. For example the sentence for the offense abuse can be augmented with one-third if the offender commits the abuse against a family member (i.e. his father, mother, husband/wife, partner or child) [article 242, 243, 246, 255, 257, 282, 284, 285, 285b, 287, 289, 300-304 and 350 of the Criminal code.] [60: This does not apply for the offenses of rape, sexual assault and stalking though.] [61: Abuse, Mishandeling criminalised under article 300-303 Wetboek van Strafrecht (criminal code).]Legal Source:
Ministry of Justice definition 2002 and Criminal Code, Article 304Legal provisions on protection orders:
Administrative Law: Temporary Restraining Order (huisverbod), Wet Tijdelijk Huisverbod 2008.
Civil Law: Civil law restraining orders come in three types: a restraining order that prohibits 1) entering a designated area or street (street restraining order), 2) a house (no-entrance order) or 3) any contact with the applicant in whichever way (no-contact order). Victims need to initiate civil interlocutory proceedings to apply for either one.
Criminal Law: A criminal protection order can be imposed 1) as a condition to suspend pre-trail arrest, 2) as a condition to suspend prosecution, or 3) as a condition to a suspended sentence.
He who, by force or another factuality, or by threat of violence or another factuality, compels someone to be subjected to actions consisting of or also consisting of the sexual penetration of the body, will be charged with rape and punished with imprisonment of maximum 12 years or a penalty of the fifth category.Observations
Rape of a minor under 12 years old and rape of a minor over 12 years old are separately criminalised.Legal Source:
Criminal Code, Article 242Legal provisions on protection orders:
Criminal and civil restraining order
NetherlandsViolence, JusticeSexual Assault (excl. rape)
He who, by violence or another factuality, or threat of violence or another factuality, compels someone to commit or undergo lewd acts, will be guilty of the offence of factual assault of the dignity and punished with imprisonment of maximum eight years or a penalty of the fifth category.Legal Source:
Criminal Code, Article 246Legal provisions on protection orders:
No legal provision
NetherlandsViolence, JusticeSexual Harassment
Sexual harassment at work: in the Arbowet of 2007 the definition of sexual intimidation has disappeared, but it is seen as one of the factors that can lead to "psychosociale arbeidsbelasting", which literally means psychosocial labour presure. The Arbowet (lid 2, artikel 3) of 2007:“The employer will, in the general labour circumstances policy, have a policy dedicated to the prevention and, when this is not possible, the limitation of psychosocial labour pressure.“.Observations
Sexual harassment outside the workplace is not criminalised as a separate offence in the Netherlands and is only prosecutable in criminal law if it fits other criminal statutes on sexual violence, which means that many of the sexual harassment outside the workplace does not meet criminal legal standards.
He who unlawfully and systematically breaches another person's personal sphere with the purpose of compelling him to do something, not to do or tolerate something or frighten him, is guilty of stalking and will be punished with imprisonment of maximum three years or a penalty of the fourth category.Legal Source:
Criminal Code, Article 285bLegal provisions on protection orders:
The court can impose a contact ban which entails that the offender is no longer allowed to contact the victim (not in person, in writing, by telephone, by e-mail, or any other form of communication). Another option, which can simultaneously be imposed, is the area restraining order, which makes that the offender is no longer allowed to enter the street where the victim lives, or to be present in a certain area. Often, the orders are designed so as to grant maximum safety to the victim during her daily activities, while keeping the restraints on the offender’s freedom of movement to a minimum.
Literature and legislation
Violence and abuse in lesbian partnerships is almost no subject of discussion in the mainstream disc...
Over the past few years it has become progressively clear that violence in the private sphere occurs...
Domestic violence is one of the major manifestations of violence in our society....