Council of State recognises child born of incest as a victim
The ruling opens the way to compensation from the Criminal Injuries Compensation Fund.
The Council of State has ruled that someone born of incestuous sexual abuse can legally be a direct victim of that offence. This means the person may claim compensation from the Criminal Injuries Compensation Fund.
The ruling dates from 7 October and concerns a man born after his underage mother was sexually abused by her father, who was therefore also his biological grandfather. The Council of State has thereby overturned the earlier rejection of his application by the Criminal Injuries Compensation Fund Commission.
The commission had ruled that the abuse had not been intentionally committed against the unborn child. Nor, according to the commission, could the man be regarded as an observer of the violence against his mother, because he could not testify about the abuse from his own memory.
The Council of State takes a different legal approach. According to the ruling, a child born of this abuse can be directly affected in their psychological integrity and identity development. The fact that the psychological harm only manifests itself after birth does not, according to the highest administrative court, sever the connection with the offence.
The ruling does not mean that every person born of incest automatically receives a fixed amount. The Criminal Injuries Compensation Fund must reassess the application in light of the circumstances of the case and the statutory conditions. The ruling does, however, provide guidance for similar applications.
The case also has broader social significance. Until now, legal recognition has focused mainly on the mother who suffered the sexual violence. The Council of State makes clear that the child resulting from that violence can also be regarded independently as a victim.
The ruling follows earlier political discussions about the position of this group. Parliamentary papers have already called attention to recognition and financial support. The precise consequences for other applications depend on the facts of the individual cases and on the further application of the ruling by the Criminal Injuries Compensation Fund.
One story, several perspectives
What is established
- The Council of State recognises a child born of incest as a direct victim within the meaning of the Criminal Injuries Compensation Act.
- The earlier rejection of the application is not upheld.
- The case must be reassessed under the statutory conditions.
Left
Arguments Recognition should not be financial only, but should also include access to appropriate assistance and long-term support.
Values Equality, recovery and protection of people affected by violence through no choice of their own.
Consequences Broader recognition may lead to more applications and implementation costs, but prevents victims from falling between legal categories.
Centre
Arguments The ruling clarifies the law without abolishing the Criminal Injuries Compensation Fund’s individual assessment.
Values Legal certainty, careful implementation and equal application of the law.
Consequences The Criminal Injuries Compensation Fund will have to adjust its assessment practices and may need to issue new guidelines.
Right
Arguments Recognition is defensible, but financial schemes must remain limited and predictable.
Values Individual responsibility, the affordability of public services and clear statutory criteria.
Consequences A broad interpretation may create precedential effects and increase pressure on the Criminal Injuries Compensation Fund.
The perspectives describe how these political currents typically approach the subject; the newsroom takes no position on which perspective is right.
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The article’s central point is based directly on the Council of State’s ruling. The text clearly distinguishes between legal recognition and an actual payment.
- confirmed On 7 October 2026, the Council of State ruled that a child born of incest can be a direct victim of an offence. — This follows from ECLI:NL:RVS:2026:5919. source
- confirmed The application had previously been rejected by the Criminal Injuries Compensation Fund Commission. — The ruling describes the earlier rejection and its reasoning. source
- confirmed The ruling does not automatically result in a fixed payment for everyone in the same situation. — This is the legal consequence of an individual reassessment under the Criminal Injuries Compensation Act. source
Editor's note
The Council of State’s ruling and its legal reasoning are certain. It remains uncertain how the Criminal Injuries Compensation Fund will deal with this case and future applications in practice; the ruling does not provide for automatic compensation.Sources
- Uitspraak ECLI:NL:RVS:2026:5919 — Raad van State
- Kind geboren uit incest kwalificeert als slachtoffer van misdrijf — Recht.nl
- Kamerstuk 33552, nr. 139 — Overheid.nl
More on this in Dutch media
- RTL Nieuws — „raad van state”
- NOS — „raad van state”
- Het Parool — „raad van state”