Various laws, guidelines and other types of regulation have been created that introduced new rights worldwide for victims of crime. Many of these rights focus on active victims who wish to step into the open and to orally express their views and experiences in court. Rights and wishes to remain in the background and to preserve one’s privacy received less attention. This article focuses primarily on the wishes of victims that reveal their intention to not play an active role in the criminal process, and on victims who fear an invasion of their safety and privacy. According to the literature, such wishes and needs can be considered to be fundamental. The article questions the empirical basis for the present victim legislation: are the new laws that have been created over the decades founded on empirically established victim needs, or on presumed victim needs? The article concludes with a plea for a more extensive use of empirical findings that shed light on victim wishes in the legislation and the criminal process.

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doi.org/10.5553/ELR.000203, hdl.handle.net/1765/137117
Erasmus Law Review
Erasmus Law Review
Erasmus School of Law

Malsch, M. (2022). Victims’ Fundamental Need for Safety and Privacy and the Role of Legislation and Empirical Evidence. Erasmus Law Review, 14(3), 161–169. doi:10.5553/ELR.000203