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Implementation
Security and Justice has been preparing a legislative proposal in which the parents of children younger
than twelve can exercise the right to speak on behalf of their child. 391
The question is whether parents of victims of child pornography should also be granted an independent
right to speak. 392 The abuse of their child, who at a young age is certainly entirely dependent on them,
can already, in itself, be particularly traumatising for them. The fact that images of the abuse have been
made, aggravates the traumatic impact (see §1.4.3 and §3.7) and brings with it dilemmas that increase
stress upon the parents. On the one hand, parents want to know what has happened to their child, but
on the other hand, seeing the images can negatively influence the relationship between parent and child.
The circulation on the Internet of images of a child being abused can in itself be regarded as sexual
violence, and as victimisation that repeatedly manifests itself, time after time. Another important question
is how justice can be done to victims when it is assumed that they will be victimised time and time
again as a result of the distribution of child abuse material (re-victimisation), and what the consequences
would be if it were possible for them to receive compensation.
3.5.3 Sentences and orders
Article 240b of the Dutch Criminal Code stipulates a custodial sentence of a maximum of four years in
principle, or a maximum of eight years in principle if making a profession or a habit of, for example,
possession of child abuse material, is involved. 393 In terms of the sentence carried, Article 240b of the
Dutch Criminal Code does not differentiate between different behaviours, such as the possession, distribution
and production of child abuse images. 394 The custodial sentences stipulated in Article 240b of
the Dutch Criminal Code can be increased by one third in the event that the offence is committed by two
391 Press report, 6 July 2011, available at: www.rijksoverheid.nl/documenten-en-publicaties/persberichten/2011/07/07/teeven-dader-gaat-betalen.html
(viewed 24 August 2011). See also Parliamentary Papers II
2010/11, Appendix to the Proceedings, no. 247. The text from the proposal (dated 6 July 2011) is available
at: www.rijksoverheid.nl/documenten-en-publicaties/kamerstukken/2012/02/15/voorstel-van-wet-enmemorie-van-toelichting-uitbreiding-spreekrecht-slachtoffers-en-nabestaanden-in-het-strafproces.html
(viewed 22 July 2011).
392 A victim is an individual who has suffered a disadvantage as a direct consequence of a criminal offence;
see Article 51a paragraph 1 of the Dutch Code of Criminal Procedure: “An individual who has suffered
financial damage or another disadvantage as a direct consequence of a criminal offence is considered
to be a victim.”
393 In 2009, the maximum sentence in Article 240b, paragraph 2 of the Dutch Criminal Code was increased
from six to eight years, Act of 12 June 2009, Dutch Bulletin of Acts and Decrees 245, entered into force
on 1 July 2009. Article 248 of the Dutch Criminal Code partly determines the penalty carried.
394 See the difference in the lowest maximum sentences possible by virtue of the current EU Framework
Decision and by virtue of the proposal of the European Commission for a new EU Directive. In the proposal
for a new directive, the European Commission considers, amongst other things, that in so far as it
concerns child pornography, production, which usually involves approaching and having sexual contact
with the child, is more serious than other offences such as distributing or offering abuse material, which
in turn are more serious than possessing or accessing child abuse material, Proposal for a Directive of
the European Parliament and of the Council on combating sexual abuse, sexual exploitation of children
and child pornography, and repealing Framework Decision 2004/68/JHA, COM (2010) 94 final, p.7.
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