The digitization of our society has led to an increasing number of acts in an online context falling under the application of sexual criminal law. Belgian legislation, and in particular the renewed sexual criminal law of 2022, explicitly criminalizes several online behaviors. At the heart of this legislation is the absolute necessity of free and conscious consent; without such consent, a sexual act is in principle punishable.
Belgian criminal law defines a series of specific crimes that can occur in an online context. Below we list the main crimes and their legal definition.
Key online sex crimes listed
The revamped sexual criminal law no longer focuses on vague concepts such as "honorability," but on the sexual integrity and the self-determination of each individual. Below we explain the crimes that occur most often online.
Assault on sexual integrity
This is a broad crime that punishes any non-consensual sexual act that does not involve penetration. Online, this can manifest itself by forcing someone through threat, coercion or deception to perform sexual acts on themselves on camera, for example. The law targets not only the act itself, but also having a person perform a sexual act who does not consent to it.
- Legal basis: Article 417/7 of the Criminal Code
Voyeurism
Voyeurism includes observing or recording a person in a private situation without permission and knowledge. In the digital world, this is very relevant when hacking webcams, breaking into someone's cloud storage to view nude images or spying through security cameras.
- Legal basis: Article 417/8 of the Criminal Code
- Read more about voyeurism here.
Non-consensual distribution of sexually explicit content (revenge porn)
This crime, better known as "revenge porn" or "revenge porn," criminalizes distributing, displaying or making accessible sexually explicit images (photos, videos) of someone without their consent. Crucially, it does not matter whether the victim did originally consent to the make of the images; the distribution without consent is the crime. The law provides a harsher punishment if it is done with malicious intent or for profit.
- Legal basis: Articles 417/9 and 417/10 of the Criminal Code
- Read more about the legal approach to revenge porn here.
Remote rape
Although often associated with physical contact, the law defines rape as any sexual penetration without consent. The law explicitly specifies that it can also occur "with the aid of a person. This includes the situation where a victim is coerced, threatened or manipulated online to penetrate herself or a third party (for example, with an object). This is also known as "remote rape.
- Legal basis: Article 417/11 of the Criminal Code
Grooming (solicitation for sexual purposes)
Grooming is the specific solicitation of a minor for the purpose of committing a sexual offense. The criminal law punishes the making of a proposal to meet, by any means, that is followed by concrete, material acts that may lead to such an encounter.
- Legal basis: Article 417/24 of the Criminal Code
- Read more about the criminality of grooming here.
Cyberlocking
Cyberbaiting is a broader crime than grooming. It targets the luring of minors through information and communication technologies (such as social media or chat apps) with the intent to whatsoever crime or wrongdoing (i.e., not exclusively a sexual offense).
- Legal basis: Article 433bis/1 of the Criminal Code
- Read more about the crime of cyberstalking here.
Images of sexual abuse of minors (child pornography)
The law replaces the term "child pornography" with "images of sexual abuse of minors. Criminal law criminalizes not only the production and distribution of such material, but also the mere possession, acquisition and even knowingly accessing (viewing) these images via digital networks.
- Legal basis: Articles 417/44 to 417/47 of the Criminal Code
- Read more about child pornography legislation here.
Conclusion & advice
Legislation in Belgium regarding online sex crimes is complex and the consequences of an accusation or conviction can be very far-reaching. On the other hand, the impact on victims is also enormous. In both cases - whether you are a suspect or a victim - specialized legal assistance is indispensable for the proper handling of your case.
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