Global Progress Towards Ending the Sexual Exploitation of Children
A global problem requires truly global solutions to address the sexual exploitation of children.
Indicators
Age of Consent
Partial
Age of sexual consent is 16 years. The national legislation provides for a close-in-age exception at the discretion of the prosecution.
Analysis of country legislation on age of sexual consent, 2024
Extraterritoriality & Extradition
Partial
Active extraterritoriality is provided for SEC related offences (articles 242-250 of the Dutch Penal Code) under article 7(2) of the Penal Code. Passive extraterritoriality is provided in Article 5(1) of the Penal Code for victims who are Dutch nationals or habitual residents but limited to offences punished with at least eight years of imprisonment under Dutch law, excluding many SEC related offences for which only a maximum amount of imprisonment is established. Double criminality is not required for active extraterritoriality for SEC related offences but it is required in all instance of passive extraterritoriality under articles 5(1) and 7(2) of the Dutch Penal code.
SEC related offences can be considered extraditable offences if they are punished with at least one year of imprisonment and fulfil the double criminality principle under article 5(1) of the Dutch Extradition Act. There is no minimum penalty for SEC related offences, all of them could be punished with less than one year of imprisonment and escape extradition.
SEC offences are referred to as extraditable under the European Arrest Warrant (EAW) framework within the EU without requiring double criminality if the act is punishable by a maximum period of at least three years of imprisonment in the requesting State.
Dutch Penal Code,
Dutch Extradition Act, 1881 (status as of 2019), 1967 (status as of 2019)
CSAM Definition
Not Yet Assessed
Background Check Required
Not Yet Assessed
National Commitments
Not Yet Assessed
Child Advocacy Centers
Not Yet Assessed
SEC Police Unit
Not Yet Assessed
Protection Standards Travel and Tourism
Not Yet Assessed
Public SEC Case Data
Not Yet Assessed
Age of Consent Law is Appropriate
The age of sexual consent for both males and females is 18 and a close in age exemption (up to 3 years) is provided for consensual sexual relationships between adolescents.
The age of sexual consent is the legally defined age at which a person is considered mature enough to agree to sexual activity. The age of sexual consent varies across jurisdictions around the world and there is no international legal instrument establishing it, however various forms of advocacy have encouraged States to establish a minimum age under which engaging in sexual contact is considered a criminal offence. This is intended to prevent sexual contact with children and to prevent argument that the child consented as a defence.
Often national provisions related to the age of sexual consent include an exception, known as a close-in-age exemption, making consensual sexual activities between young people lawful if the partners are of similar ages and the age difference is not higher than a certain number of years.
To ensure that cases of child sexual exploitation do not go unpunished, ECPAT advocates for the age of sexual consent to be set at 18 for both males and females with a close-in-age exemption of 2-3 years provided in order to ensure young people are not penalised for consensual sexual acts with peers. The age from which the exemption applies should be established by States but may begin for young people somewhere between 12 and 16 years of age.
Yes The national legislation explicitly indicates that the age of sexual consent unequivocally is 18 for both males and females, with a close-in-age exemption for sexual acts between peers (of up to 3 years) is provided by law.