A large part of the House of Representatives is displeased with the relatively low sentences demanded by the Public Prosecution Service in cases in which a minor has been sexually abused. The WODC, the research institute of the Ministry of Justice, concluded last month that in 49 percent of the cases the Public Prosecution Service demands a sentence that is lower than its own guidelines from 2015. Judges usually follow that requirement, but sometimes also impose even lower sentences.
In a debate on sex crimes, several MPs expressed their dissatisfaction with the situation. “Absolutely unacceptable and unjust”, said Joost Eerdmans of JA21. Parties such as the VVD, CDA, SGP and ChristenUnie also wanted to know why the requirements and punishments deviate so far from the guidelines, in cases that have so much impact on victims and society. They believe that Justice Minister Yesilgöz should talk to the attorney general and the judges.
The minister wants to do that, but tempered expectations. She pointed to the separation of powers in the Netherlands, which gives the Public Prosecution Service and the judiciary a large degree of freedom. She will, however, urge the attorney generals to evaluate the 2015 guideline, she believes.
Paid sex with minors
The Public Prosecution Service itself says that every case stands on its own and that customization is always provided. The researchers were often unable to determine the exact reason for deviating from the guideline, because the motivation of the public prosecutor is not included in the decision.
The WODC also found that in cases of paid sex with minors, judges often impose a milder sentence than required. Usually the officer demands a prison sentence between 3 and 6 months. In three quarters of the cases, the judge only imposes an unconditional prison sentence of 1 day, often combined with community service.
Bypassing community service prohibition
Like the WODC, many MPs suspect that the judges are thus circumventing the prohibition of community service that politicians have included in the law. This means that community service may only be imposed if an unconditional prison sentence is also imposed.
Yesilgöz emphasized that the judges are formally staying within the guidelines by imposing only a day in prison. Moreover, she believes it is not the job of politicians to tell judges to do something else.
“But it is not for nothing that we have a prohibition of community service?”, said MP Anne Kuik of the CDA. “The minister can ask how it is possible that it is so different? Because it does have an impact.” Joost Eerdmans of JA21 thought that Yesilgöz was trying to “park the case away”.
The minister could only promise that she would enter into “an open discussion” with the Council for the Judiciary. “But I will never in my life tell judges or the prosecution what to do.”
Things on the shelf
The debate also focused on the significant backlogs that still exist in the handling of sexual assault cases by the police and the Public Prosecution Service. The guideline that 80 percent of cases must go to the Public Prosecution Service within six months for prosecution is far from being met. At the moment, 765 cases have been shelved for more than 6 months, the minister reported. In her view, this means that the protection that the government must offer in cases of sex offenses falls short.
Millions more are being invested in the vice squad, but it remains difficult to find enough detectives who are willing to do that difficult work. There are currently about 40 vacancies. “Recruiting people from outside the police force is difficult because it is very specialized work,” Yesilgöz said. Volunteers are deployed in some places, but these are often former police officers.
On April 25, the minister wants to talk to the police, the Public Prosecution Service and the judiciary to “make concrete agreements and set clear standards” for faster turnaround times in sex cases.
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