A thorough reform of Belgium's sexual criminal law enters into force today, with the country now putting the concept of consent at the centre of the law, as well as enforcing stricter sentences for rape, and decriminalising sex work.
While the reform of the law, which was one of the main issues tackled by Federal Justice Minister Vincent Van Quickenborne, was already approved in mid-March , the changes only come into effect now. Simply, the reform states that if consent for sexual acts is not given, it is a crime.
This implies that consent was given freely and voluntarily, and is judged in the light of the circumstances of the case. If a victim does not defend themself, this does not mean that consent has been given. Additionally, if someone takes advantage of the victim's vulnerable condition β which affects their free will β there can be no question of consent either.
The basic principle is that a minor under the age of 16 cannot give permission for any type of sexual act. However, the law provides one exception for "sexual development between peers": teenagers between 14 and 16 years old can consent to sexual acts, as long as the age difference with the other person does not exceed three years. However, a minor can never voluntarily consent to sexual acts with blood relatives and extended family members, with persons who exercise a recognised position of trust, authority or influence over the minor or when it concerns prostitution.
The reform has modified the definition of rape, to include that penetration no longer has to be complete, but can also be partial. The maximum prison sentence for rape has also increased, going from five years previously to ten years now.
