Victim-offender contact in forensic mental health: Resocialisation and victim acknowledgement during the execution of the Dutch TBS order

Lydia Dalhuisen, Alice Bosma

Research output: Contribution to journalArticleScientificpeer-review

Abstract

Crime victims have gained a stronger position in all phases of the criminal procedure, including the post-sentencing phase. It is in this phase specifically that victims’ needs and interests relating to acknowledgement interplay with the offenders’ needs and interests relating to resocialisation. In the Netherlands, offenders who suffer from a mental disorder at the time of the offence limiting their criminal accountability and pose a significant safety threat, can be given a TBS order. This means that they are placed in a forensic psychiatric hospital to prevent further crimes and receive treatment aimed at resocialisation. As resocialisation requires the offender to return to society, contact with the victim might be a neces- sary step. This article focuses on victim-offender contact during the execution of this TBS order, and looks at risks and opportunities of victim-offender contact in this context, given the particular offender population. Offenders are divided into three groups: those with primarily psychotic disorders, those suffering from personality disorders and those with comorbidity, especially substance abuse disorders. The TBS population is atypical compared to offenders without a men- tal disorder. Their disorders can heighten the risks of unsuccessful or even counterproductive victim-offender contact. Yet, carefully executed victim-offender contact which includes thorough preparation, managing expectations and choosing the right type of contact can contribute to both successful resocialisation as well as victim acknowledgement.
Original languageEnglish
Pages (from-to)134-145
Number of pages12
JournalErasmus Law Review
Volume2021
Issue number3
DOIs
Publication statusPublished - 2021

Keywords

  • victim-offender contact
  • resocialisation
  • victim acknowledgement
  • forensic psyciatry
  • mentally disordered offenders

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