Sharp increase in victims having to force prosecution through Article 12 procedures

Victim Support Netherlands has noticed a sharp increase in the number of victims requiring assistance with Article 12 procedures, a legal means of forcing the Public Prosecution Service (OM) to prosecute their case. Last year, there were 1,500 cases. This year, the number has already risen to 1,900, the organization that offers support to victims of crimes or disasters told the Telegraaf.

According to Victim Support, this increase has been visible for several years and particularly affects serious crimes like stalking, domestic violence, sexual violence, and theft. The OM dismissed a large proportion of these cases due to a lack of legal and convincing evidence, the organization said.

The OM confirmed that it is often cases that leave victims feeling most vulnerable - rape, domestic violence, sexual assault - that are legally complex to prove. These crimes usually occur behind closed doors, without witnesses, and often with limited or circumstantial evidence.

The OM stressed that, by law, it can only prosecute when there is a reasonable chance of conviction. “We understand that a dismissal is extremely painful for victims. But without sufficient evidence, we cannot go to court. This problem is particularly prevalent in sex crimes and domestic violence cases.”

Victim advocates speak of a system that “leaves victims stranded instead of helping them move forward.” Victim Support worries that the increasing number of Article 12 requests is symptomatic of a system that does not adequately protect victims. “The priorities set by the OM should not come at the expense of the victims who report to us.”