I am currently providing support to an underage victim who is unable to report the crime to the police: what key regulations apply to this victim?
Victims who hold the Dutch nationality and victims who are lawfully resident in the Netherlands (EU citizens that hold a valid identity card or travel document and foreign nationals with a temporary or permanent residence permit) shall be entitled to shelter, regardless of whether they report the crime to the police. Under the Social Support Act (Wmo), the Youth Act and the Participation Act (Wwb), and partly the Housing Act, individuals with lawful residence status are granted the same rights as Dutch nationals. Nevertheless, there are differences regarding the specific shelter provisions to which they are entitled. Please find more information here.
Victims with an EU right of residence will require dispensation from the Immigration and Naturalisation Service (IND) to make use of shelter provisions within the first five years of residence, given that this procedure may impact their right of residence (the IND may terminate the lawful status of the residence if EU citizens make excessive claims to public resources too soon). This dispensation is available if victims are unable to report a crime for reasons of safety or health, supported by a police statement and/or medical declaration.
Victims without lawful residence status (mostly from outside the EU) who are unable to cooperate in any criminal prosecution due to a serious threat or to medical and/or psychological problems, may claim right of residence under the Residence Scheme for Victims of Human Trafficking pursuant to Section 3.48, Paragraph 1(d), of the Aliens Act of 2000, provided that this claim is supported by a police statement and/or medical declaration.
Victims who are unable to report a crime may, following expiration of their residence permit, also submit an application for a permit of continued residence on humanitarian grounds pursuant to Section 3.51, Paragraph 1, preamble and 1(h), of the Aliens Act. Victims will be eligible for such a residence permit if they can demonstrate that the threat is ongoing (supported by a police statement) or that they are still suffering from a physical or psychological condition which inhibits cooperation in criminal proceedings.