Sexual assault on an adult

Alert the police and gendarmerie by phone

In case of emergency, and only in this situation, it is possible to alert the police or gendarmerie by telephone call, or by SMS, if you are unable to speak.

Alert the police and gendarmerie via instant messaging

An instant messenger (chat) allows you to chat with a police officer or a member of the gendarmerie. Chat history can be deleted from your computer, mobile phone or tablet at any time.

Report rape or sexual assault

Alert Transit Security Officers

If you are victim or witness of an assault on public transport, you can contact an agent 24 hours a day, by phone at 3117 or send a text message to 31177.

You can also download the 3117 app.

Thus, the victim is located more quickly and the triggering of the intervention of the agents is facilitated.

Form of complaint 

If you want the perpetrator of your sexual assault to be prosecuted, you can lodge a complaint.

The presence of a lawyer is not mandatory for the lodging of a complaint and throughout the procedure until the trial before the correctional court.

Deadline for filing a complaint 

You have 6 years from the date of the facts to lodge a complaint.

After that time, your sexual assault complaint will no longer be admissible. This is called the limitation period.

Initiation of an investigation

If the public prosecutor was informed of the sexual assault, he could decide to open an investigation and prosecute the perpetrator.

The public prosecutor can make this decision even if you have not filed a complaint.

Collection of evidence

Different kinds of evidence

Apart from DNA traces and possible injuries, all other evidence you yourself have collected can be examined by the court.

It can be testimonials, sms captures, emails, recordings of conversations even without the author's knowledge, clothes.

Medical evidence

It is important to preserve all clues (fingerprints, DNA traces...) that could be used to identify the perpetrator and obtain his conviction in court.

Clothing worn at the time of the assault should be kept and washing should be avoided.

At the request of the police or gendarmes, you can be examined by a doctor. Doctors examine any injuries and look for DNA. They can also look for any trace of drugs that may have been delivered to you by the perpetrator of the sexual assault (GHB type or rapist's drug). The doctor must issue you a medical certificate that indicates whether you have any injuries or not.

Aids screening and, if necessary, pregnancy testing may be done.

Right to counsel

If you are a victim of sexual assault, you have the right to be assisted by a lawyer at all stages of the legal process.

Your lawyer can be present at all confrontations between you and the person suspected of committing the sexual assault, and at all your hearings by the police or by the judge.

You can get advice on the preparation of your case and on legal aid from the house of justice and the law.

If the investigating judge considers that there is sufficient evidence to consider a sexual assault, the case will be referred to the correctional court.

Public Hearing

In principle, trials before the correctional court are public, meaning that anyone can attend the hearings.

But even if the trial is public, it is forbidden to disseminate your image and information about your identity. without your written consent.

Failure to comply with this rule shall be punishable by a fine of €15,000.

In camera possible at the request of the victim

If you want the trial is not public, so it is possible to request that there be in the room only those directly involved in the case (victims, accused, witnesses...).

It's called in camera.

The court can accept your request and order it to go in camera, but it is not obliged to do so.

Basic sentence

The perpetrator of a sexual assault faces a penalty of up to 5 years imprisonment and €75,000 fine.

This penalty may be increased when the sexual assault was committed with aggravating circumstances.

Penalties in aggravating circumstances

In the event of aggravating circumstances, the penalty may be increased to 7 years of imprisonment and €100,000 fine.

This is the case, for example, in the following situations:

• Assault resulting in injury or injury or total incapacity for work for more than 8 days
• Assault committed by a person who abuses the authority conferred on him by his duties (police officer, judge, etc.)
• Assault by several persons acting as perpetrator or accomplice
• Assault with the use or threat of use of a weapon
• Assault on a person engaged in prostitution, including occasionally, in the exercise of that activity
• Assault in the presence of minor children
• Assault by a ascendant or a person having authority over the victim (employer, teacher, etc.)
• Assault by a person who has been put in contact with the victim via the internet
• Assault by the victim's spouse, partner, or Civil partnership partner
• Assault by a person who was under the influence of alcohol or narcotics
• Assault by a person who drugged the victim
• Assault on the basis of the sexual orientation or gender identity (real or perceived) of the victim
• Assault on a particularly vulnerable person whose situation is apparent or known to the perpetrator (age, illness, disability, physical or mental impairment, pregnancy status and social or economic precariousness)

Additional penalties

The judge may decide to sentence the perpetrator to one or more of the following additional penalties:

• Injunction of care in the context of socio-judicial follow-up
• Prohibition of stay in certain places (e.g. the home of the victim) for up to 10 years
• Prohibition of working with minors either permanently or for a maximum of 10 years

Criminal record

The conviction for sexual assault is recorded in the convicted person's criminal record, unless the court decides otherwise.

In all cases, the name of the person convicted of sexual assault will be recorded in the sex offenders index.