Bridging the gap? The role of victim counsel across four countries

Source abstract

Victims of crime remain marginalized across both civil and common law systems. This article argues that specialized victim counsel can bridge this ‘justice gap’ by providing essential legal advice and representation. Through comparative case studies of Iceland, the Netherlands, Australia and the United States, this research examines the role of victim lawyers in sexual offense proceedings. While all four jurisdictions recognize the victim's legitimate interest in the criminal process, they diverge significantly on the extent to which they institutionalize professional legal means for navigating trial complexities and protecting their rights. The level of victim assistance ranges from legal advice provided outside of court by victim services to fully codified, state-funded victim counsel appointed to victims from the investigative phase through sentencing. By highlighting these systemic variations, this study aims to spark policy discussions regarding international best practices, rationales and the feasibility of implementing robust legal counsel for victims worldwide.