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Developments in the Netherlands

 By JON 

As has been told in the former Newsletter, there has been a series of court cases with remarkably high sentences demanded by the prosecutor and remarkably mild sentences given by the court. Thus, the prosecutor appealed and the story went on.
The whole story shows a development going on in the Netherlands.


We see a trend in these and in a lot of other cases. This trend has the following steps. 

1. Whoever has committed an immoral act, even if its concerns not touching any real child but only downloading illegal images, will be tested by a psychiatrist and a psychologist to study his mentality. By the way, one may refuse this, but most people do not refuse. 

2. Everyone who says to have pedophilic feelings will be declared to have a mental distortion, pedophilia, and often also a cognitive distortion and a distortion of the conscience, even if the tests showed not any other distortions. Especially egosyntone pedophilia (i.e. the person does not see his feelings as a great problem) and the absence of a sense of shame will lead to the conclusion of a severe personality disorder. In any case, treatment is seen as necessary. 

3. In any case, the risk of recidivism is estimated as very high. In one case, the psychologist declared under oath that this risk was 100% in that case – which is impossible: nobody can be able to foresee human behavior with 100% certainty. 

4. So, always treatment is seen as necessary. Sometimes this may be an ambulant treatment, to be started after the period of imprisonment, as a condition for the period of the parole. In other cases, the court declares that a closed clinic must give a forced treatment. 

5. Once in treatment, the person is forced to change his feelings, his fantasies, his behavior and his thoughts. Who does not do this, will be declared as not treated and will be kept in the clinic. Mostly, every two years the court will see a report and an advise from the clinic. As long as the treatment is not successful, it will go on for the next two years. 

6. If after four or six years the clinic reports that there is still no result of the treatment, the person will be declared untreatable and will be sent to a long stay unit, which in fact is a life long imprisonment. 

Two cases 

In one of the cases, the reports said that the man was “a normal man in every respect”, except his pedophilic feelings, which made him nevertheless have a severe personality disorder. The man had one charge of sexual abuse of a boy. Still, no forced treatment was advised. But before the court, both ‘experts’ changed their advise and declared under oath that the risk of recidivism was “towering” and “100%”, and that forced treatment in a clinic was necessary.

This was in front of the Court of Appeal. The lower court had not convicted the man to a forced treatment, and he already was accepted by an ambulant institute for treatment, but the Court of Appeal convicted the man to a higher sentence and to forced treatment. 

In another case, a man was not convicted to forces treatment in a clinic. He only had to follow the instructions of his probation officer. This officer declared him dangerous for society, went to the civil court, and demanded that the man should be sent to a clinic because he was dangerous and mentally ill. A psychiatrist had declared the same. The law allows a judge to sent such a person to a clinic for forced treatment. Because there was still no place in the clinic, specific for moral offenders, he had to wait in the closed section of a psychiatric hospital – without any treatment, except lust-diminishing pills. Thus: not convicted to forced treatment by the criminal judge, he nevertheless has been forced to such a treatment according to civil law. 

In Dutch, we have a proverb, borrowed from Multatuli’s famous book, which reads:
Barbertje must hang.

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