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<strong>Child</strong> PornograPhy First report oF the Dutch NatioNal rapporteur
The Amsterdam sexual abuse case surrounding Robert M. is a recent example of the abovementioned
problem. In the Dutch newspaper ‘Trouw’, amongst others, the lawyer of parents of a
number of victims explained that many parents regret having reported the offences. Regardless
of the cost, parents want to keep their children’s names out of the media and out of the case notes
relating to criminal proceedings, in order to ensure that this won’t follow them around for the rest
of their lives. 387 Although the Public Prosecution Service has recognised this problem, in practice
it remains difficult to ensure that the images remain anonymous. In the first instance, the Public
Prosecution Service indicated that it was worried that it would offend the victim’s parents if their
child was reduced to a number. 388 However, in the end, the decision was made to give the images
numbers, as an attempt to maintain the anonymity of victims in the criminal proceedings.
At the moment, however, there is no statutory or other provision to guarantee the complete anonymity
of victims in criminal proceedings in situations such as this, and as such to protect the identity and
personal details of victims. The way in which this can be achieved, without this being in conflict with
Article 6 of the European Convention of Human Rights, must be investigated. 389 Furthermore, parents
or carers can face the dilemma of whether or not to tell the child concerned about what happened to
them.
During the substantive hearing of the criminal case, victims of serious crimes are able to make a statement
regarding the consequences that they have suffered as a result of the offences. In the Amsterdam
sexual abuse case, discussion arose as to whether parents of underage victims are able to exercise this
right to speak on behalf of their children in the criminal case. Exercising the right to speak depends on
the age of the victim. Only children over the age of twelve are able to exercise this right themselves, and
children younger than twelve cannot make use of this right. 390 Since July 2011, the State Secretary for
387 Spreekrecht kan na kindermisbruik helend werken [After child abuse, the right to speak can be healing], Trouw,
17 June 2011, pp.1-2.
388 Ibidem.
389 For this, a link can be sought with Article 8 of the EU Council Framework Decision no.2001/220/JHA of
15 March 2001 on the status of the victim in criminal proceedings (Pb EG 2001, L82/1). This provision
concerns protection of privacy of victims. All Member States take the protection of victims from publicity
and possible threats and intimidation by the perpetrator very seriously, and they usually provide
various types of protection, Lauwaert 2011, p.88. In May 2011, the European Commission submitted a
motion for a directive concerning minimum standards for victims of crime, Proposal for a Directive of the
European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims
of crime, COM (2011) 275 final to replace the current Framework Decision. This proposal includes a provision
regarding the protection of privacy, whereby a best efforts obligation is established in order to
ensure that judicial authorities are able to take measures during a hearing to safeguard the privacy and
images of victims and their families. In addition to this, the Member States must encourage national
media to take self-regulatory measures, as a result of which they too will protect the privacy of victims
and their families.
390 Article 51e, paragraph 1 of the Dutch Code of Criminal Procedure in conjunction with 51e, paragraph 3
of the Dutch Code of Criminal Procedure. See also Wetsvoorstel tot uitbreiding spreekrecht van slachtoffers en
nabestaanden [Legislative proposal for extension of the right to speak of victims and family members]
(7 July 2011), available at: www.defenceforchildren.nl/p/21/2149/mo89-mc21 (viewed 8 July 2011).