Few victims use right to speak in Dutch courts, data shows

Although Dutch law has granted victims and surviving relatives the right to speak in court since 2016, only 20 percent of those eligible actually use it, according to new estimates from the Public Prosecution Service. The figures were obtained by investigative platform Pointer and discussed in the fourth episode of its podcast Ik heb levenslang (“I have a life sentence”).

In 2024, an estimated 25,000 criminal cases qualified for the right to speak, known as spreekrecht. Victims or their families used that right in just one-fifth of those cases. A written victim statement—sometimes read aloud by a lawyer—was submitted in 4,200 cases. In only 1,500 cases did a victim or survivor speak in court themselves. Despite the low usage rate, the total number of cases in which spreekrecht applies has increased.

Since July 1, 2016, the Netherlands has granted victims and next of kin an unlimited right to speak in court for serious crimes that carry potential sentences of at least eight years in prison. They may comment on all aspects of the case, including the emotional impact, the evidence, and even the proposed sentence.

"The right to speak absolutely has a healing effect," said appellate judge Rogier Sonneveldt in Pointer’s podcast. "The main function of this right is to contribute to recovery and processing of what has been done to people. In my experience, it can really help victims if they feel heard by a judge."

But Sonneveldt also noted that the right creates legal tension in the courtroom. "A person sits before us as a suspect but is addressed by the victim as if they’re a perpetrator. Then we have to make it clear that to us, that person is still a suspect."

While acknowledging the emotional power of victim statements, Sonneveldt warned against confusion over their influence on sentencing. "It also makes an impression on me," he said. "But then the question arises: does that influence the sentence? I think we are sufficiently trained to separate those things. And research has shown that the expansion of spreekrecht [since 2016] has had no effect on the length of sentences."

Nonetheless, Sonneveldt expressed concern about the lack of clear boundaries during victim statements. "I have seen victims call the suspect a monster, or surviving relatives place an urn on the table during court. I would like to see more guidelines and rules, so judges can more strictly enforce the limits of what is allowed."

Victim Support Netherlands helps people draft written statements and prepares them to speak in court. The organization attributes the increase in written statements to changes in communication by the Public Prosecution Service. "The Public Prosecution has become more explicit in mentioning the option of submitting a written statement," the organization told Pointer.

While victims who exercise their right are generally positive about the experience, according to research from the WODC (Research and Documentation Center), the reasons why most people choose not to speak remain unclear.

“These cases range widely—from threats and violent crimes to sexual offenses and homicides—but the numbers only give an overall picture,” Slachtofferhulp Nederland said. “More research is needed to understand why so few people use their right to speak.”