Consent  requires equality NOT control.

Toestemming vereist gelijkheid, NIET controle.

Le consentement l’égalité, PAS le contrôle.

Consent requires equality NOT control.
Ken je rechten: art 417/5 van het Belgisch Strafwetboek

Connaissez vos droits: art 417/5 du Code pénal belge

Know your rights: Art 417/5, Belgian Criminal Code


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What the Law Says (Art. 417/5, Belgian Criminal Code)

Under Belgian law and best practices to avoid issues under Belgian law:

  •      Consent must be given freely and is assessed depending on the situation.
  •      Consent can be withdrawn at any time, before or during a sexual act.
  • Consent is invalid if it results from threat, coercion, surprise, psychological or physical violence or deceit.
  • There is no consent when one person takes advantage of another’s vulnerability including but not limited to fear, intoxication, illness, or disability.
  • Silence or lack of resistance therefore does not imply consent, so never assume consent always confirm.
  •      A person who is asleep or unconscious cannot consent. 

Where to Seek Help:

  • If you are in immediate danger:
    • Emergency Line: call 112
    • Police Line: call 101
  • In other situations, you can reach out to an adult who you trust, such as a parent or family member. If you do not feel comfortable speaking to someone you know, there are resources available that will always preserve your anonymity:
    • School Counselor/Trusted Adult 
    • 103 Ecoute enfants (call 103) – Confidential helpline for children and teens in French // Awel (call 102) – Confidential helpline for children and teens in Dutch
    • CPVS (Centres de prise en charge des violences sexuelles) – open 7/7 & 24h/24h (both in Dutch and French)
    • SOS viol: telephone hotline (free phone number: 0800 98 100 – line open from Monday until Friday from 8 am until 6 pm) or online chat (https://www.sosviol.be/tchat/) – only in French
    • Maintenant j’en parle: online forum (https://www.maintenantjenparle.be/) with professionals for minors who have questions about sexual violence and consent (among others), entirely anonymous and free – only in French
    • Family Planning Centers: important resources for minors to get information about sexuality, contraception, abortion, sexually transmissible infections, and sexual violence 
    • Belgium’s Child Focus Helpline (call 116 000) – to report abuse or exploitation
    • Stop Sextortion (Web resource) – to get advice on managing online harassment
    • App-Elles (https://app-elles.fr/comment_ca_marche.html): Users can report emergency or potentially dangerous situations in real-time. Geolocated and recorded live, these alerts are instantly transmitted to the trusted contacts previously designated by the user – only in French 
  • If someone shared an intimate picture of you or of a friend without your consent, you can always contact the platform provider to ask that content be taken down:
  • How to file a complaint with the police: 
  • Where? (i) at the nearest police station; (ii) at an electronic kiosk (https://my.police.be/app/fr/home) (only for non-urgent incidents) or online (https://www.police.be/police-on-web/fr/violences-sexuelles in French // https://www.politie.be/police-on-web/nl/seksueel-geweld in Dutch); or (iii) on-site, in urgent situations, incidents requiring observations, or when the perpetrators are still present, a patrol will be dispatched to the location.
  • When? Promptly after the incidents, this will allow the police to have accurate information regarding the incident (such as the exact time and place, as well as a description of the suspect) and the damages you have suffered (such as a description of stolen items, injuries, etc.) and to gather useful information for the investigation.
    • Following a non-consensual sexual interaction, victims are advised to visit the nearest hospital to obtain a medical certificate.
  • How?
    • Bring your identification document, as well as any documents related to the incident (e.g., evidence, a medical certificate in case of assault, your mobile phone in case of harassment).
    • The first person you will meet is a receptionist who will simply note your identity and the reason for your visit.
    • You will then be received confidentially by a police inspector. They will record your complaint in a report. To do this, they will ask you to explain what happened and will help you formulate and detail the facts.
    • If you feel the need, you can receive support from the police victim assistance service before, during, and after your interview. 
    • At the end of the interview, you are entitled to receive a copy of your statement, and you will be given a certificate of complaint filing. 
    • The minor has the right to be accompanied by an adult of their choice. However, the public prosecutor or the investigating judge may oppose this with a reasoned decision. 
    • The public prosecutor or the investigating judge may decide to make an audiovisual recording of the hearing. This helps avoid the minor having to repeat their story multiple times, which can be traumatic. Minors over 12 need to consent while minors under 12 only need to be informed that the hearing is being recorded.
  • What happens after? (https://victimes.cfwb.be/plainte-et-procedures/que-se-passe-t-il-apres-la-plainte/ –  interactive chart)
  1. Where can I find legal support?
    1. Maison de la Justice with a center welcoming victims (https://www.maisonsdejustice.be/ to find the nearest center in Brussels and Wallonia) // justitiehuis in Brussels and Flanders (https://www.vlaanderen.be/agentschap-justitie-en-handhaving/justitie/justitiehuizen)
    2. Jurisdictional assistance delivered by lawyers for free. As a minor, you’re eligible to benefit from free legal assistance (https://avocats.be/fr/tout-savoir/la-recherche-dun-premier-conseil to find the nearest resources for Brussels and Wallonia) // BJB (or “Bureau voor Juridische Bijstand”) in Brussels and Flanders (https://www.advocaat.be/nl/praktisch/wat-doet-een-bjb