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<strong>Child</strong> PornograPhy First report oF the Dutch NatioNal rapporteur
As explained in Chapter 1, the term ‘child pornography’ is not clear or unambiguous; neither in relation
to perpetrators, abusive material concerning children or victims, nor in relation to conduct. This
means that interventions can be equally unclear, as will be described on the basis of two problems that
have been observed in relation to offenders, namely the issue of offenders who have been convicted for
sexual violence against children and who return to society in the same municipality or region where the
offence was committed, and the problematic usage of the Internet by those who have been convicted
for viewing child abuse material. 510 On the basis of these points, we will clarify the necessity for an
integrated approach towards after-care and supervision, the elements of which this must consist, and
the extent to which this is already the case in the Netherlands. Attention will also be paid to experiences
in other countries which could be used as examples for the development of an integrated approach in
the Netherlands.
The extent to which attention is paid to an integrated approach or to which an integrated approach is
employed varies for each region and each authority. The findings from the Korpsmonitor 2010 also illustrate
this point. Approximately half of all police regions seek cooperation with authorities that provide
help and treatment for suspects, such as Het Dok, De Waag, de Reclassering [the Probation Service] and
Algemeen Forensische Psychiatrie [General Forensic Psychiatry] (AFP), in the form of referral by the general
practitioner or judicial authorities. 511 Best practices in this regard need to be collected and promoted.
Carrying out research into the desirability of an integrated framework regarding convicted perpetrators
of sexual offenses against children and the centralised direction of this system, such as exists in the
United Kingdom, will form part of the recommendations.
3.6.2 Legal framework
Various opportunities exist within the legal framework to enable the provision of supervision to suspects
and perpetrators of sexual abuse offences, including those involving child pornography. It is also
important to outline the legal possibilities that are available in so far as after-care is concerned. The opportunities
to provide supervision that are presented in this section focus primarily on supervision and
after-care within the legal framework. This framework also has its limits. In the event that a custodial
sentence is imposed with a term longer than four years, no part of this may be suspended, and special
conditions cannot therefore be associated with this. Supervision and after-care are therefore also not
possible in this form. 512
Supervision of a convicted sex offender can also no longer be provided after execution of the sentence.
Experts have already stated in the past that given the current legal framework, it is not possible in
the Netherlands to extend a period of supervision in the event that a (treatment) indication exists for
this, and that special legislation for the compulsory treatment and after-care of sex offenders seems
510 In Chapter 1, the way in which technology has affected the nature of child abuse material is explained.
The Internet can play a problematic role in the lives of those who view child abuse material
(see §1.4).
511 Programme of Improvements in Tackling <strong>Child</strong> <strong>Pornography</strong>, 2011, p.24; see also §3.4.
512 Article 14a of the Dutch Criminal Code. In the event that a custodial sentence is ordered with a maximum
term of two years, the court is able to order that the sentence is not carried out, either with regard
to the whole sentence or for a part of it. If the custodial sentence that is ordered has a term of more
than two years and a maximum of four years, only a part of the custodial sentence may be imposed as
a suspended sentence.