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News | 12-07-2024 | 00:00
New Policy Manual and Injury Listings Effective 1English Stone July 2024. These files supersede versions from November 1, 2022. We explain what changed in each file below.
Policy Manual
In order to be eligible for compensation from Schadefonds Geweldsmisdrijven, the request must meet all the conditions set out in the Schadefonds Geweldsmisdrijven Act (Wet schadefonds geweldsmisdrijven). The statutory rules are laid down in our policy manual. There you will find out how Schadefonds assesses requests. Click here Policy Manual as of July 1, 2024.
The revised contents are listed below:
- Sexual Offences Act
From 1 July 2024, the new Sexual Offences Act (Dutch: Sexual Offences Act）
Will enable victims to report sexual assault and rape to the police in more cases. The new sexual offences legislation will also enable Schadefonds to provide compensation to victims of intentional rape and/or intentional sexual assault if they have suffered serious harm as a result of these crimes. But only if the crime was committed in the Netherlands on or after 1 July 2024. This new sexual offences law does not apply in the Caribbean Netherlands.
See Section 1 - Assumption of serious injury
Schadefonds can infer serious psychological harm when certain crimes occur without evaluating medical information. In the policy manual, we explain the crimes for which we can infer these harms.
See paragraph 1.2.3 - Payment to observers
Minors who have been subjected to systematic domestic violence are eligible for compensation for psychological harm under category 2 of injury. Initially this was only available to children under 12 years of age.
See E.1 - Compensation for loss of maintenance
The breadwinner has been changed to the person who contributes most to the family income in an economic sense.
See E.2 - complaint
A provision has been added to the complaints procedure that Schadefonds will not process complaints submitted one year after the incident.
See Section J
Injury List
The Injury Schedule lists which injuries are eligible for which compensation. The Injury Schedule has two parts: physical injuries and psychological injuries. Click here List of injuries as of July 1, 2024.
The revised contents are listed below:
- Victims of violent or sexual crimes can now contact Schadefonds
- Presumption of severe psychological harm based on violent or sexual offences
- Categories that originally belonged to category 3 were added to category 1, namely: direct threat with a knife and aggravated circumstances, direct threat with a gun and aggravated circumstances, and arson and explosion.
For the above-mentioned crimes, it will henceforth be presumed that the minor has suffered serious psychological damage.
Please see Section 2A - Non-sexual sexual offenses, online sexual offenses and French kissing have been removed from the first category of harm.
Please see Section 2A - A new category that was previously included in Harm Category 1 has been added to Harm Category 2, namely: sexual crimes that are committed multiple times but without sexual intercourse.
- The observation age for minors under the age of 12 who experience domestic violence is raised to under 18 years old.
Please see Section 2A - Direct threats of knife or gun use have been removed from injury category 2.
Please see Section 2A
- Categories that originally belonged to category 3 were added to category 1, namely: direct threat with a knife and aggravated circumstances, direct threat with a gun and aggravated circumstances, and arson and explosion.
- Assessing psychological impairment based on medical information
The term “dependence” was added to the description of the starting point, and an explanation was given of how Schadefonds assesses a person’s decline in the ability to participate independently in daily life.
See Section 2B
Transition Policy
The policies in the new Policy Manual and Harm List apply to petitions submitted on or after July 1, 2024, regardless of the offense date. That is, the date the petition was submitted is the guiding factor in which Policy Manual and Harm List apply when evaluating the petition. In addition, for petitions submitted before July 1, 2024, when the Harm List and Policy Manual as of November 1, 2022 are clearly more favorable to the petitioner, that version should apply.
This does not apply to the new Sexual Offences Act. The date the sexual offence occurred determines the law under which we assess the request.
The transition policy also does not apply to oppositions. The policy manual and list of harms that were applicable at the time the opposition decision was made will then apply, unless this means the applicant is worse off than under the previous decision and the policy that was applicable at that time.
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