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

Fri, September 13, 5:00 to 6:15pm, Faculty of Law, University of Bucharest, Floor: Basement, Room 0.22

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.

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