The Hague 2019.
In May the Dutch Minister of Justice revealed his plans to extend the law on sexual exceeding behavior. New is that not only rape and molestation are punishable, but other forms of undesired sex and sexual intimidation also fall under this category. That means among others that when a victim didn’t specifically give the consent for the act or didn’t protest, the act is still punishable. Also that any form of inappropriate sexual signals or manifestations may lead to criminal charges.
In light of the Me#Too movement, these additions are a more or less logical consequences. Most civilized people will agree with the effect of this motion. There are some possible deficiencies though that will make the implementation of such a law difficult.
First, we have to consider that human’s sexuality in its core consists of two manifestations: a gentle/loving one with the aim to please each other, and a powerful feeling with the aim to dominate and subdue the other. Both feelings exist but the extent to which one of those (or both) are used depends on the personality and gender of the performer(s). Women, in general, are less dominant during sex than men. Evolution has come up with these mechanisms to guarantee successful procreation.
So here we have a natural underlying cause for rape that in many parts of the world has been accepted as ‘normal’. Dominant or intimidating behavior towards women may share the same fate. But even if it should be punishable very few women in those countries would press charges. The cultural inferiority runs deep, especially under less educated groups of women, of which many have migrated to Europe and the USA nowadays.
In 1991 Holland introduced a law that made marital rape unlawful. Quite rightly. More Western countries did the same during that time. It must be said that this kind of rape is even more difficult to prove than rape in general.
The idea that women could not be legally raped by their husbands was first put forth in England by Sir Matthew Hale in 1736. He stated that “the husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract the wife hath given herself up to her husband, consent which she cannot retract”. Apparently, this line of thinking still holds for many people worldwide.
Strengthening the law on sexual behavior, however, may cause some serious complications for the judicial system. First, allegations are difficult to prove and secondly, it is easy to take advantage and make false accusations.