Abstract
Legal systems differ markedly on how they treat the emotional harm suffered by close family members of crime or accident victims.
This paper reports the results of two empirical studies examining how citizens whose child, partner, or parent was killed
or seriously injured as a result of violent crime or tort (secondary victims) perceive a monetary award for their own non-economic
harm relating to the death or injury of their loved one. The objective of our research was to test the Dutch legislator’s
assumption that a (modest) monetary award for secondary victims’ emotional harm can have a meaningful symbolic value by providing recognition and satisfaction. Until then, no compensation was available for such harm under Dutch law.
In addition, we examined whether victims’ relatives preferred standardization or individuation in determining the amount of
the award, how they evaluated the amount, and the manner in which such awards might be offered. In a first quantitative survey
study conducted in the Netherlands, 726 secondary victims were asked for their evaluations of such awards for the emotional
harm they suffered as a result of the death or injury of their family member. We also asked our representative sample about
their actual experience of the legal process in order to put their evaluations of such awards into context. In a second qualitative
study, conducted in Belgium, interviews were held with 14 secondary victims who had actually received an award for their own
emotional harm under Belgian law (study 2). Results suggest that secondary victims regard an award for emotional harm as a
positive gesture and may interpret it as helping to satisfy relatives’ psychological concerns by seeing it, for example, as
an acknowledgment of loss and responsibility. Overall findings suggest that victims’ relatives may be seeking acknowledgement
of their emotional losses and the norm violation.
This paper reports the results of two empirical studies examining how citizens whose child, partner, or parent was killed
or seriously injured as a result of violent crime or tort (secondary victims) perceive a monetary award for their own non-economic
harm relating to the death or injury of their loved one. The objective of our research was to test the Dutch legislator’s
assumption that a (modest) monetary award for secondary victims’ emotional harm can have a meaningful symbolic value by providing recognition and satisfaction. Until then, no compensation was available for such harm under Dutch law.
In addition, we examined whether victims’ relatives preferred standardization or individuation in determining the amount of
the award, how they evaluated the amount, and the manner in which such awards might be offered. In a first quantitative survey
study conducted in the Netherlands, 726 secondary victims were asked for their evaluations of such awards for the emotional
harm they suffered as a result of the death or injury of their family member. We also asked our representative sample about
their actual experience of the legal process in order to put their evaluations of such awards into context. In a second qualitative
study, conducted in Belgium, interviews were held with 14 secondary victims who had actually received an award for their own
emotional harm under Belgian law (study 2). Results suggest that secondary victims regard an award for emotional harm as a
positive gesture and may interpret it as helping to satisfy relatives’ psychological concerns by seeing it, for example, as
an acknowledgment of loss and responsibility. Overall findings suggest that victims’ relatives may be seeking acknowledgement
of their emotional losses and the norm violation.
- Content Type Journal Article
- Pages 1-18
- DOI 10.1007/s12207-011-9110-7
- Authors
- Liesbeth Hulst, Faculty of Law, VU University Amsterdam, Boelelaan 1105, 10781 HV Amsterdam, the Netherlands
- Arno J. Akkermans, Faculty of Law, VU University Amsterdam, Boelelaan 1105, 10781 HV Amsterdam, the Netherlands
- Journal Psychological Injury and Law
- Online ISSN 1938-9728
- Print ISSN 1938-971X