Netherlands allows children conceived through incest to seek compensation — Der Spiegel

The Council of State of the Netherlands, the country’s highest administrative court, has ruled that children conceived as a result of incestuous sexual violence may, under certain conditions, seek compensation. To do so, they must prove that they suffered severe psychological harm, Der Spiegel reports.

Ruling in a man’s case

The decision was made in the case of a man whose mother was abused by her father when she was a minor. The Council of State sided with the applicant and recognized that he was also a victim of this crime.

The court noted that a child’s right to mental health in cases of violent sexual abuse involving incest is directly violated even before birth.

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Link between the crime and the harm

The ruling emphasizes that the fact that psychological harm may manifest only after a child’s birth does not mean that there is no sufficient link between the crime and the harm caused.

According to several Dutch media outlets, the Violent Offences Compensation Fund must reconsider within 12 weeks whether to award payments to the applicant.