Introduction
In recent years, the sexual penal laws against child abuse in the Netherlands have been modified to offer greater protection to the needy, in terms of innocent and weak children being abused at the hands of stronger adults. It is the vulnerability that children possess that makes them prey to the malicious intents of abusers. It is seen that the present laws are not sufficient in discouraging child abusers, since maximum forms of punishment in vogue in the Netherlands are only as follows:
- For wrongful removal of minor- 6 years imprisonment or €16,750 penalty.
- For child prostitution – 6 years imprisonment or €67,000 penalty.
- For using children for pornography – 6 years imprisonment or €67,000 penalty.
Main body
It is seen that even in the case of recidivism, the laws in Netherlands are presently not designed to curb or even eliminate, incidence of such occurrences. For instance, even when the offender makes a livelihood or habit through child pornography, the maximum term is 6 years (now 8) or €67,000. Even in case of causing grievous physical injuries, or even death, the maximum term could be 12 or 15 years respectively. (United Nations: Committee on the Rights of Child. 2008).
Child offenders are a threat to society and need to be condemned in strongest terms. Their presence in civilized society is a threat to helpless children and one cannot guess where these offenders would strike next. Child offenders need not only be in terms of sexual offenses committed against children- it could be even emotional abuse, or depriving children of their basic needs and comforts like food, shelter, etc. and exposing them to psychological traumas.
Further, according to the Dutch Penal Code,” physical child abuse is a criminal offence punishable by a maximum of 2 years imprisonment or a fine.” (Roelofs and Baartman 1997, p.197). Although the law does not define “child sexual abuse”, adults who are suspected of child abuse could be tried and prosecuted, and this is even so, if the child is below 12 years of age, without the need for any formal complaint to be registered. However, for children between 12-16 years, a formal complaint is a pre-requisite for prosecutive action to be initiated.
The main fact that is seen is that offenders could escape the dragnet of the law by paying off a fine, or serving a minimum term, and yet renew crimes against children, once they are back from jail. It is seen that crimes against children cannot be stopped for the simple reason that the offenders had themselves been victims of child abuse in their younger days, and these embittered memories continue to an integral part of their psyche. According to them, they are returning to society what was imposed on them, at earlier stages of their own lives.
Therefore, it is necessary that the perpetrators of vilences against children be ostracized from society and made to lead barren, secluded lives, so that the recurrences of child crimes are minimized. If they are allowed to join mainstream society after paying off fines or serving jail terms, the possibilities of potential attacks on children, more violent and vicious than earlier ones, cannot be ruled out, or annulled.
Conclusion
It is in the best and safe interests of society that such offenders be sentenced to life imprisonment with least hope of parole, in order that society is bereft their evils, and citizens, especially children could lead normal and peaceful lives without the dread of offenders. Among the worse kind of offences, inducing reality child pornography is a form of child abuse, and “Virtual child pornography has been a criminal offence in the Netherlands since 2002.” (Libbenga 2007).
However, it is necessary that strict enforcement of deterrent punishment be strongly enforced in order to curb child abuse in all forms.
Bibliography
Libbenga, Jan. (2007). Dutch Demand Ban of Virtual Child Porn in Second Life. [online]. The Register: Biting the Hands that Feeds IT. Web.
Roelofs, Marian A.S., and Baartman, Herman E.M. (1997). Judicial Aspects. [online]. Combatting Child Abuse. 197: 2008. Web.
United Nations: Committee on the Rights of Child. (2008). [online]. United Nations: Convention on the Rights of the Child. Web.