Samenvatting

In the Netherlands the sexual criminal law is recently significantly adapted and these changes will come into force in July 2024. In Belgium this modernization of the sexual criminal law already happened in 2022. To exchange experiences and opinions on these (upcoming) legal changes an interview was organized with a Dutch and Flemish expert: Dutch lawyer Zarah Boufadiss and Flemish professor in sexual criminal law Liesbet Stevens. Part of the conversation was dedicated to exchanging views on the role of Restorative Justice in such cases.
Before reporting on this conversation, a description was provided of the legal state of the art in both countries regarding the sexual criminal law.
The obligation of the initiator of sex to make sure there is consent has become key in the new sexual criminal law in both countries. This means that lack of (clear) communication and not verifying whether there is consent can establish a sexual crime. The legal responsibilities are increased in this respect which is welcomed by some but disputed by others.