1. Before Reporting to the Police
2. Making a Police Statement
3. Initiation of Legal Proceedings
4. Court Proceedings
5. After the Verdict
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1. Before Reporting to the Police
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A. Consult a Counsel!
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If a sex worker becomes a victim of violence or trafficking in human beings, the police is interested in her statements as victim/witness – for instance against perpetrators of trafficking in women, against persons who have brought her into the country or to whom she has had to give part of her earnings. But women who work as sex workers without the appropriate residency and work permits may be deported, even though working without the appropriate permits is not a criminal offence.
They should therefore always seek advice before going to the police. Confidential advice is offered by advisory centres for migrant prostitutes. Without the woman’s permision, advisory centres will not forward information regarding her, such as her name and address, to the police or aliens authorities. The advice is therefore confidential. |
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B. Confidential Legal Advice
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| Advisory centres can advise the woman and arrange contact with specialist lawyers. The services of advisory centres are free of charge, but the woman must pay the lawyer’s fees. |
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C. Confidential Medical Examination
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| Advisory centres also have addresses of clinics where the woman can go for a confidential medical examination so that injuries and traces caused by the crime be documented. This means that evidence of the deed is recorded and the woman has time to think about whether or not she wants to report the crime. These services are free of charge. |
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D. Police and Justice Prejudices against Prostitutes
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| Nowadays it is rare for violent and/or sexual crimes against sex workers to be inadequately investigated because of prejudices on the part of police, public prosecutors and judges. All large towns have specialist police departments for the examination of victims of sexual crimes. In addition, the woman may always say that she would rather speak with a female officer. |
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E. Trafficking in Women
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| 1. Trafficking in Women is…. |
- when a woman is actively encouraged — through false promises regarding work possibilities and earnings — to come to the Netherlands, regardless of whether a job in another field was promised her or whether she was willing to work in prostitution;
- when a sex worker’s identity papers or earnings are taken away from her;
- when a woman is forced into prostitution or into giving sexual services;
- when a sex worker is blackmailed, threatened, humiliated, beaten, raped or imprisoned.In the above instances it is irrelevant whether the woman previously worked as a sex worker, or whether she was willing to work as a sex worker because/while she was misinformed about work conditions and earnings.
The name of the criminal offence in Dutch Law is Trafficking in Human Beings (“Mensenhandel“), Article 250 Criminal Code (“Wetboek van strafrecht“).
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| 2. Special Rights for Victims of Trafficking |
Victims of trafficking in women have special rights and are entitled to special support services.
For instance, they may be granted a postponement of deportation while thinking about whether to give evidence as witness against the perpetrator. During this time they are given safe accommodation. They are entitled to receive support from non-state advisory centres.
For details on special offers for, and rights of victims of trafficking in women, see the corresponding paragraphs.
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2. Making a Police Statement
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| The police requires the woman to make a statement in the police station as victim/witness — for instance against perpetrators of trafficking in women, or against persons who have brought her into the country or to whom she has had to give part of her earnings. |
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Please note:
If the woman is suspected of having committed a crime in another matter (e.g. theft, fraud), she is an accused party and has different rights to when merely a witness! (see Prosecution)
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A. Right to Remain Silent
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| A witness is not obliged to speak when questioned by the police. Even if she does speak, she may remain silent about anything which incriminates her or a member of her family. |
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B. Female Officer
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| If the woman wishes to make a statement as witness, she may ask to be questioned by a female police officer. |
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C. Translator
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| She is entitled to the services of a translator in her own language. Should she feel unable to trust the translator, she may ask for another translator. |
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D. Lawyer
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| She is entitled to the presence of her lawyer at questioning. |
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Hint: Memorise a lawyer’s telephone number!
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E. Trusted Person
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| She may ask for the presence of a trusted person (e.g. a female friend or advisor) at questioning. |
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F. No Custody
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| As witness, the woman may not be held in police custody. She may be detained if she is simultaneously an accused party (see Prosecution). If she merely has no residency papers, she will generally not be detained. |
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G. Special Rights for Trafficked Women
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| If the woman’s statement or other evidence leads the police to believe that she may have been a victim of trafficking in women (Definition), she has special rights. The police is obliged to inform her about her special rights and to inform the STV (“Stichting tegen vrouwenhandel“) advisory centre. |
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| 1. Consideration Period |
If the woman was forced into prostitution in the Netherlands, she is legally entitled to a three-month residence permit as consideration period. During this time she can decide whether she wants to give evidence in court proceedings against the perpetrator(s). If she was forced into prostitution in a different country, she is not entitled to the consideration period.
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| 2. Temporary Residence Permit |
If the woman decides to give evidence as victim/witness, she is granted a residence permit at least until the end of the case. If she decides against giving evidence and does not have a right to residency for other reasons, she must leave the country after the consideration period of three months.
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| 3. Advice and Support |
The woman is entitled to obtain advice and support from a non-state advisory centre. The police is obliged to inform her about her special rights and to inform the STV (“Stichting tegen vrouwenhandel“) advisory centre. The woman should insist that police contact the STV.
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| a) Accommodation and Help |
The advisory centres offers her safe accommodation, socio-psychological care and support in dealing with authorities.
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| b) Legal Advice |
Advisory centres will generally put the woman in contact with a lawyer to inform her of her rights to enable her to decide for or against giving evidence.
This service is generally free of charge.
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3. Initiation of Legal Proceedings
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| After the woman and other witnesses have been questioned, police and public prosecution decide whether to initiate legal proceedings against the perpetrator(s). During these proceedings, police and public prosecution gather evidence against the perpetrator. During proceedings, a woman who is the victim of a crime may be questioned again as victim/witness. At the end of legal proceedings the public prosecutor decides whether to accuse the perpetrator before a criminal court (e.g. of trafficking in human beings, rape, bodily injury). |
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A. Duration of Legal Proceedings
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| Often a long time passes between the woman’s first hearing as witness, the beginning of legal proceedings and her statement as witness. This is because proceedings relating to trafficking in human beings and similar offences are often large-scale processes involving many accused parties. For this reason, legal proceedings can last from six months to a full year. |
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B. Trafficked Women
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| 1. Right to Residency |
If the woman decides to give evidence as witness in court against the perpetrator, she is granted a residence permit during the trial period. The permit is valid for one year and can be prolonged until the end of the case.
If the woman already has a residence permit for other reasons (e.g. marriage), she does not, of course, require another residence permit as witness.
If the woman has no residence permit and no prospect of obtaining one, she must leave the country within the time specified by the aliens authorities, even if she has given police evidence as witness.
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| 2. Living Conditions |
Victims of trafficking in women, and other women who have been granted a residence permit as witness, are enrolled in the care programmes run by advisory centres. Receiving a residence permit as witness is conditional upon participation in one of these programmes.
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a) Care Programmes at \
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These programmes offer safe accommodation, socio-psychological care and support in dealing with authorities and visiting the doctor. Social workers at the advisory centres are, like the migrant sex workers, from many different countries.
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| b) Social Benefits |
The woman is entitled to accommodation and maintenance. If she lives alone, this money is paid out to her. If she lives in safe accommodation, she is provided with board, lodging and pocket money. In addition, she is entitled to medical and psychological care by the doctor of her choice.
In some regions she also has access, depending on her age and legal status, to professional training courses.
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| c) Work |
The women are not permitted to work while waiting for the trial.
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| 3. Decision to Appear as Witness or Civil Party |
Before the commencement of court proceedings, the woman should decide — together with her lawyer — whether to make her statement as witness only, or whether also to appear as a civil party in the criminal proceedings against the traffickers (“voegen van een civile eis in de strafprocedure“).
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| a) Role as Witness |
As witness, the woman is invited only to her hearing as witness and is limited to the giving of evidence. She is not able to influence the course of proceedings.
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| b) Rights as Civil Party |
As civil party, the woman has considerably more rights during the proceedings than if she is merely a witness. She can claim damages and compensation through a lawyer and influence the course of the proceedings. However, it is up to the criminal court whether or not to accept the victim/witness as civil party. If claims are too complicated, the court may reject them.
For detailed information about requirements and rights, please contact a lawyer.
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4. Court Proceedings
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| In court, the case is considered afresh, that is, independently of previous enquiries by police and public prosecution. When criminal proceedings are opened, the woman crime victim is invited to give her evidence as witness. At the end of the proceedings the court issues a verdict as to whether the perpetrator(s) is/are guilty or not. |
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A. Duration of Court Proceedings
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| Proceedings relating to trafficking in human beings and similar offences are often long-winded, large-scale processes. Many details are dealt with and many accused parties prosecuted at once. For this reason, main court proceedings — that is, the period between the first court appointment and the verdict — generally last(s) about six months. If an appeal is lodged against the verdict, the final decision may even be delayed by several years. |
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B. A Witness Gives Evidence
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| The following explanations apply to the statement made by the woman in question, whether as witness only or as civil party. |
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| 1. Duration |
The statement is given either in the course of one day or of several days. Occasionally the witness may also be asked to attend a second time, later in the proceedings, because new questions concerning her have arisen.
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| 2. Questions |
Questions are put to the witness by, in order, the judges, the public prosecution, the defence and under certain circumstances her own lawyer.
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| 3. Obligation to Testify |
The witness must answer questions truthfully and must omit nothing; otherwise she risks criminal action against her on grounds of perjury/false testimony. However, she may remain silent on anything which incriminates her or her family.
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| 4. Lawyer |
When giving evidence, the woman may be accompanied by a lawyer. The lawyer makes sure that the witness’s rights are observed.
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| 5. Translator |
The witness is entitled to the services of a translator in her own language. If she feels unable to trust the translator, she can refuse her/him on grounds of interest. The court then decides whether to provide another translator.
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C. Protection of the Witness
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| In court, the witness’s lawyer insists on the witness’s rights to protection. For this reason, witness and lawyer should discuss beforehand what the individual possibilities for protection are, and which the witness wishes. For detailed information about existing possibilities for victim/witness protection, please contact a lawyer. |
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D. Compensation for the Victim
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| 1. From the Perpetrator |
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| a) During Criminal Proceedings |
As civil party, the victim can claim damages and compensation through a lawyer. However, it is up to the criminal court whether or not to accept the victim/witness as civil party. If claims are too complicated, the court may reject them.
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| b) During Civil Proceedings |
The woman may also make her claims before a civil court. For details, please contact a lawyer.
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| 2. From the State |
The woman may receive state compensation from a special fund for compensation of victims (“Schadefonds geweldsmisdrijven“).
For details, please contact a lawyer.
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E. Trafficked Women
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| The same rules apply to women’s residence permits, living conditions and rights during court proceedings as above in Initiation of Legal Proceedings. |
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5. After the Verdict
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A. Right to Residency
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| If the woman does not, independently of the trial, possess a residence permit, there are few possibilites for her to remain in the Netherlands after the end of legal proceedings. |
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| 1. Right to Residency on Humanitarian Grounds |
The woman may be granted a residence permit on humanitarian grounds. Authorities have some leeway in reaching this decision and do so on the basis of individual circumstances.
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| 2. Right to Residency for Other Reasons |
Independently of her role as witness, the woman may be granted residency for other reasons, e.g. marriage or asylum (compare Migration).
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B. Support in Leaving the Country
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| 1. Travel Costs |
Should the woman have no means of her own, the costs of her homeward travel and the procuring of documents are assumed by the state.
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| 2. Help With Setting Up |
Generally, no means are available to help the woman set up in her own country.
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| 3. Contacts |
Advisory centres in the Netherlands help clients organise their homeward travel and supply contact information for support in the home country.
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