Belgium's Federal Government this year has made it a priority to radically change the way sexual violence is addressed by law, most recently by rewriting the definitions regarding such crimes in the Criminal Code, which dates back to 1867.
Earlier this year, a thorough reform of Belgium's sexual criminal law came into force as the extent to which sexual violence and harassment was affecting people on a daily basis came to light through the sharing of victims' testimonies, and several demonstrations against the treatment of victims by police and the legal system as a whole.
In most recent efforts, the Federal Government, under the impetus of Secretary of State for Gender Equality, Sarah Schlitz, has rewritten the Criminal Code, which is more than 150 years old. In practice, this meant some definitions regarding sexual violence were outdated, while more recent crimes were not at all taken into account by the law.
"This reform helps shed the patriarchal legacy of the Criminal Code dust. With this rewrite, we are making the law clearer, more in line with the practice of legal professionals and with the concerns of society," Schlitz said.
Stealthing and drugging
One example of more recent crime that are prevelant now and currently left victims unprotected — both during the incident and after — was the removal of a condom without consent during sex, also knows as "stealthing" which will now be punished as this act has entered the penal code.
"If a condom is removed and sexual intercourse is continues, it exposes the victim to the risk of pregnancy or the transmission of a sexually transmitted disease. In practice, stealthing will fall under the crime of 'rape', as is already the case in Canada and Switzerland," a statement from Schlitz read.
Meanwhile, the "voluntary administration of inhibiting substances," or drugging, for the purpose of abusing a person's vulnerability has become an aggravating factor, meaning the punishment will be increased if a person is on trial for sexually harassing another person.
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This new aggravating circumstance is called "drug-facilitated-sexual-assault" (DFSA), and also includes alcohol. This will be taken into account when considering the "state of impaired free will" to detemine whether the person was capable of giving consent.
The definition according to Belgian law was recently updated and is among the most progressive in Europe, as it ensures that consent was given voluntarily and that it was not inferred by the fact that the victim did not resist. It also includes the element that consent "may be withdrawn at any time before or during the sexual act."
