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Legal systems differ markedly on how they treat the emotional harm suffered by close family members of crime or accident victims. This paper reports the results of two empirical studies examining how citizens whose child, partner, or parent was killed or seriously injured as a result of violent crime or tort (secondary victims) perceive a monetary award for their own non-economic harm relating to the death or injury of their loved one. The objective of our research was to test the Dutch legislator's assumption that a (modest) monetary award for secondary victims' emotional harm can have a meaningful symbolic value by providing recognition and satisfaction. Until then, no compensation was available for such harm under Dutch law. In addition, we examined whether victims' relatives preferred standardization or individuation in determining the amount of the award, how they evaluated the amount, and the manner in which such awards might be offered. In a first quantitative survey study conducted in the Netherlands, 726 secondary victims were asked for their evaluations of such awards for the emotional harm they suffered as a result of the death or injury of their family member. We also asked our representative sample about their actual experience of the legal process in order to put their evaluations of such awards into context. In a second qualitative study, conducted in Belgium, interviews were held with 14 secondary victims who had actually received an award for their own emotional harm under Belgian law (study 2). Results suggest that secondary victims regard an award for emotional harm as a positive gesture and may interpret it as helping to satisfy relatives' psychological concerns by seeing it, for example, as an acknowledgment of loss and responsibility. Overall findings suggest that victims' relatives may be seeking acknowledgement of their emotional losses and the norm violation.

The role of the victim in the criminal trial process has evolved considerably in recent decades. On a European level, an important driver has been the EU Directive 2012/29/EU, according to which European countries are legally bound to afford certain rights to crime victims. In the Netherlands the EU Directive has instigated several extensions of existing victims' rights, and in the Code of Criminal Procedure a separate section has been devoted to the victim. The current study specifically addresses one of the victims' rights, i.e. the right to be legally represented. The Dutch government has financially invested in access to and specialization of victim lawyers in order to stimulate the realization of victims' rights, specifically for victims of severe crimes and sex offences. The goal of the current study was to investigate the added value of victim lawyers and the extent to which they contribute to fulfilment of victims' rights in the criminal law process. A literature study was conducted to examine legislation pertaining to victims' rights; a questionnaire study was conducted to investigate the perspective of victim lawyers (n=148); and interviews were conducted to examine the perspective of the police, Victim Support, Public Prosecuting Service, and criminal courts (n=17). The results show that victim lawyers were important to the realization of victims' rights. They were considered most necessary with respect to the right to claim compensation and with respect to the right to get access to the case file. They were also required because victims' rights have not yet been smoothly implemented into legal practice. In addition, victim lawyers' presence in the courtroom was considered important as it contributed to victims experiencing that they were taken seriously. It has been concluded that the support of victim lawyers is an important contribution to victim participation in criminal procedures.

This is Part I of the reporting of FAIRCOM, a collaboration of partners, both academics and NGO's, in several member states of the European Union. The aim of FAIRCOM is to contribute to justice for victims of sexual crimes in the European Union by improving the possibilities for obtaining compensation (https://sexualviolencejustice.eu/). This Report part I presents the first results of an investigative study on State Compensation and Offender Compensation in the current five partner countries: Greece, Italy, Latvia, the Netherlands and Spain. In the follow-up to this first Report there will also be a Report part II, as well as a Final Report. FAIRCOM is financed by The EU Justice Program (2014-2020).

This is Part II of the reporting of FAIRCOM, a collaboration of partners, both academics and NGO's, in several member states of the European Union. The aim of FAIRCOM is to contribute to justice for victims of sexual crimes in the European Union by improving the possibilities for obtaining compensation (https://sexualviolencejustice.eu). This Report part II presents the results of an investigative study on State Compensation and Offender Compensation in the current five partner countries: Greece, Italy, Latvia, the Netherlands and Spain. It identifies good practices en offers recommendations. It is the follow-up of the first FAIRCOM Report ('Fair and Appropriate? Part I'). There will also be a Final Report. FAIRCOM is financed by The EU Justice Program (2014-2020).