Examining (Un)Fairness in Awarding Victim Compensation to Human Trafficking Victims in the Netherlands

• In Event: Innovations in Human Trafficking Research—Part 1: Public Opinion and Legal Responses

Abstract

Extant research has examined the challenges in the investigation and prosecution of human trafficking, including studies that have begun to illuminate the factors that influence legal procedures in human trafficking cases. However, few studies have focused specifically on the outcomes of legal procedures for victims. Therefore, this study focuses on victim compensation in human trafficking cases and aims to generate new insights about the factors impacting if, and how much victim compensation is awarded. To that end, a total of 246 court rulings in victim compensation claims in the Netherlands were collected and coded. Next, a series of regression analyses were used to assess if case characteristics, victim characteristics, and exploitation characteristics explain whether or not (and how much) victim compensation is being awarded. Preliminary results indicate that besides case characteristics, victim characteristics are associated with legal decisions to award victim compensation, potentially because of dominant “iconic victim”-narratives. These findings advance the broader literature on victim compensation as well as on human trafficking: Whereas previous work has demonstrated that legal outcomes can be biased against certain groups of offenders, this study illuminates potential unfairness in awarding victim compensation in human trafficking cases. Recommendations for practice and policy will be discussed.

Authors

• Masja van Meeteren, Institute of Criminal Law and Criminology – Leiden University

• Ieke de Vries, Institute of Criminal Law and Criminology – Leiden University

• Fallon Cooper, Institute of Criminal Law and Criminology – Leiden University

• Rosa Koenraadt, Institute of Criminal Law and Criminology – Leiden University