Introduction: What is a Victim Advocate and Why is One Indispensable
A victim advocate is a specialised legal profession that focuses on assisting victims of serious violent and sexual offences during criminal proceedings. In this guide, you will learn what a victim advocate does, when you are entitled to one, and how to find the right legal assistance.
As a victim of a criminal offence, you have legal rights that often remain unknown. A qualified victim advocate ensures that these rights are exercised and that you receive optimal guidance during the legal process. In cases of serious violent and sexual offences, the government pays for this legal assistance in full.
What we cover in this guide:
- Definition and role of the victim’s solicitor
- Free legal aid options
- Step-by-step process for obtaining a solicitor
- Costs and fees
- Frequently asked questions about victims’ rights
Immediate confirmation: This article focuses on victims of serious violent or sexual offences, victims of sexual offences, relatives of victims, and anyone seeking legal assistance after a traumatic experience with the justice system.
Victim’s solicitor Understanding: Key concepts and definitions
Key definitions
A victim’s solicitor is more than just a regular solicitor. They are a legal specialist who works exclusively for the victim, not for the suspect or the public prosecutor. Victim advocates are often called in for cases involving violent crimes or sexual offences, where victims and their families are entitled to information, protection, assistance, and compensation. These specialised lawyers understand the complexity of trauma recovery and know how criminal and civil law influence each other. In addition, victim lawyers offer emotional support throughout the legal process.
Related terminology:
- Legal aid:Â legal support during proceedings
- Victim support:Â emotional and practical support
- Injured party:Â legal status in criminal proceedings
Relationships with Other Legal Concepts
Victim lawyers operate within a complex system of institutions:
Legal connections:
- Victim’s solicitor → Joinder proceedings → Compensation → Legal protection
- Cooperation with the public prosecutor during criminal proceedings
- Civil proceedings for additional claims
- If a victim disagrees with a decision by the Public Prosecution Service, such as the dismissal of a case, the court of appeal can hear a complaint about this.
Role within the Dutch legal system:
- Represents victims during criminal proceedings
- Claims compensation through the criminal court
- Advises on restraining orders and protective measures
- Assists with reporting and police interviews
Rights of Victims of Violent and Sexual Crimes
Victims of violent and sexual offences in the Netherlands have a wide range of rights that protect and support them during and after criminal proceedings. It is very important that victims are aware of these rights so that they can make optimal use of the legal assistance and support available to them.
Firstly, victims are entitled to free legal assistance from a specialised solicitor when they are confronted with serious violent or sexual offences. This qualified victim solicitor assists the victim throughout the criminal proceedings, monitors their legal position and ensures that the victim is heard. In these cases, the government pays the full cost of the solicitor, so that financial barriers do not play a role.
In addition, victims are entitled to clear information about their rights, reporting the crime, and the course of the criminal proceedings. Both the police and the Public Prosecution Service are obliged to actively inform victims about the progress of the case, the possibilities for compensation, and the right to speak during the criminal hearing. Victim Support Netherlands also offers free practical, emotional, and legal support, so that victims are not alone in the legal process.
An important right is the right to file a claim for damages. Victims can file a claim for compensation through their solicitor in the criminal case against the suspect. If the claim for damages is not awarded in full, the victim can still claim compensation through the civil court. The Violent Crimes Compensation Fund also offers financial compensation to victims of serious crimes when the perpetrator is unknown or unable to pay.
Furthermore, victims can, with the help of their solicitor, request a restraining order against the suspect to ensure their safety. The right to speak during the criminal hearing gives victims the opportunity to tell their story and explain the impact of the crime to the judge.
Why a Victim Lawyer is Crucial in the Dutch Legal System
The legal position of victims in the Netherlands has improved significantly in recent decades, but only with professional assistance can victims fully exercise their rights. A victim’s lawyer monitors the victim’s legal position throughout the entire criminal proceedings, from the report to the verdict.
Concrete advantages supported by data:
- 85% higher chance of compensation with a solicitor versus without
- On average, 40% more compensation with professional guidance
- Faster casehandling through experienced litigation
Comparison with other EU countries: The Netherlands is one of the frontrunners in terms of victims’ rights. Whereas German victims often have limited rights to speak in court and Belgian victims receive less free assistance, the Netherlands offers comprehensive legal protection without means testing in cases of serious crimes.
Importance per crime category:
- Sexual offences:Â Complex evidence requires specialist knowledge. In sexual offences, specialised legal assistance is essential, with the focus on finding the truth in order to do justice to the victim.
- Violent crimes:Â High material and immaterial damages
- Murder/manslaughter:Â Surviving relatives are entitled to full participation in the proceedings and can count on legal support throughout the entire process.
- Domestic violence:Â Protective measures and restraining orders
Comparison of legal aid options for victims
| Type of legal aid | Cost | Conditions | Coverage | Procedure | Advantages and disadvantages |
|---|---|---|---|---|---|
| Free victim lawyer | €0 (paid for by the government) | Serious violent or sexual offence | Full support during criminal proceedings | Contact Victim Support Netherlands | ✓ No costs ✓ Specialist – Limited to serious cases |
Victims of serious crimes are entitled to a free lawyer to support them during criminal proceedings.
| Option | Cost | Terms | What do you get? | Application/Access | Advantages | Disadvantages |
|---|---|---|---|---|---|---|
| Subsidised legal aid | Personal contribution €196 – €850 (2024) | Income assessment by the Legal Aid Board | Comprehensive legal advice from a solicitor | Application to the Legal Aid Board | ✓ Affordable ✓ Wide range of solicitors | – Often waiting times – Not available in all cases |
| Legal expenses insurance | €150 – €300/year premium | Existing policy and cover | Legal assistance depending on policy | Via insurer | ✓ Relatively inexpensive ✓ Familiar process | – Frequent exclusions (e.g. in cases of violence) – No free choice of solicitor in all cases |
| Own payment (in line with market rates) | €250 – €400/hour | None | Unlimited legal assistance | Directly via solicitor | ✓ Free choice of solicitor ✓ Direct contact and assistance | – High costs – No compensation from the government or insurance |
The application of the conditions varies per type of legal aid and depends on, for example, income, type of case and existing policies.
Step-by-Step Guide: How to Get a Victim’s Lawyer
Step 1: Determine whether you are eligible for free legal aid
Checklist for serious violent and sexual offences (Art. 51a Sv):
- Rape and sexual abuse
- Assault causing serious bodily harm
- Threats and stalking
- Violent burglary
- Manslaughter and murder (for surviving relatives)
- ✓ Human trafficking and exploitation
Important conditions:
- No means test for free victim’s solicitor
- The offence must be recent (but old cases are also eligible)
- Reporting the crime is not mandatory in advance; a solicitor can assist with this
- For subsidised legal aid, the victim’s income and assets must not exceed a set amount.
- A request for free legal aid must be formally submitted to the appropriate authority.
When does the scheme NOT apply:
- Minor property offences without violence
- Traffic accidents without intent
- Labour disputes or contract disputes
Step 2: Contact a victim’s solicitor
Prepare documents:
- Police report (if available)
- Medical reports and treatment costs
- Proof of material damage (receipts, invoices)
- Correspondence with insurers
Step 3: Working with a solicitor
Cooperation during the process:
- Reporting support:Â Lawyer assists with reporting
- Right to information:Â Regular updates on the progress of the criminal case
- Right to speak:Â Preparation of victim statement for court
- Damages claim:Â Drafting and submitting claim on behalf of injured party
Milestones in the process:
- Weeks 1-2: Initial contact and intake
- Weeks 3-8: Reporting the crime and compiling the case file
- Month 3-12: Status of criminal proceedings
- After the verdict: Possible civil proceedings if the claim is rejected
Common mistakes when looking for a victim’s solicitor
Mistake 1: Waiting too long to engage a solicitor Many victims believe they must first file a report with the police. However, a solicitor can be of great importance during the reporting process in order to safeguard your rights and prevent procedural errors.
Mistake 2: Expecting the public prosecutor to automatically represent your interests The public prosecutor represents the state, not the victim. Only your own solicitor exclusively represents your interests and can claim compensation on your behalf.
Pro Tip: Contact a victim’s solicitor within 48 hours of the incident, even if you are still unsure about reporting it. The initial consultation is always free of charge and does not commit you to anything.
Case study: Victim of domestic violence receives compensation
Case Study: “After years of abuse, Maria received €15,000 in compensation through joinder proceedings.”
Initial situation: Maria (35) was abused by her ex-partner for years. After a serious violent incident that required her to be hospitalised, she reported the incident to the police.
Steps taken:
- Week 1:Â Contact with a solicitor
- Week 2-4:Â File creation with medical reports and witness statements
- Month 2:Â Joinder proceedings initiated during criminal proceedings
- Month 6:Â Ex-partner sentenced to imprisonment and restraining order
Final result:
- € 8,000 in material damages (medical expenses, loss of income, relocation)
- € 7,000 in immaterial damages (pain, suffering, psychological trauma)
- 3-year restraining order imposed by the court
- Referral to specialised trauma therapy
| Aspect | For | After |
|---|---|---|
| Financial situation | € 12,000 debt due to medical expenses | € 3,000 debt (after compensation) |
| Legal protection | No protection against contact | Legal restraining order for 3 years |
| Emotional support | Isolated, no help | Lawyer + therapeutic counselling |
| Timeline | 8 months of uncertainty | Clear legal process |
Frequently asked question about victim lawyers
Q1: “What if the suspect is acquitted? Will I not receive any compensation?” A1: Even if the suspect is acquitted in criminal court, you can still claim compensation through the civil court. The standard of proof in civil proceedings is lower than in criminal cases. In addition, the compensation fund for violent crimes may offer a solution.
Conclusion: Key Points for Victims
The three most important points for victims:
- You are entitled to free legal aid in cases of serious violent and sexual offences – no means test, the government pays in full
- Early intervention pays off – contact us within 48 hours, even before reporting the crime, for optimal legal protection
- Comprehensive support – a good victim’s solicitor works together with victim support, therapists and other specialists to provide complete support
Next steps:
- Contact a solicitor at Law & More directly for an initial consultation
- Call Victim Support Netherlands (0900-0101) for emotional support
- Keep all documents related to the crime and its consequences
Important contact details:
- Victim Support Netherlands:Â 0900-0101 – 24/7 helpline
- Violent Crimes Compensation Fund: www.schadefonds.nl – financial support