The Right to Accompaniment by a Person of the Victim‘s Choice as a Key Right to Avoid Secondary Victimization: Exploratory Qualitative Research in Spain
Temida 27(1) : 71-94 (2024)
Laburpena
This paper explores the right of any victim of crime to be accompanied by any person
of her choice from the first contact with the authorities. This right was formally
acknowledged by the Directive 2012/29/EU of the European Parliament and of the Council
of 25 October 2012 establishing minimum standards on the rights, support and protection
of victims of crime, and replacing Council Framework Decision 2001/220/JHA (2012/29/
EU Directive), and transposed to the 2015 Law 4/2015 of 27 April 2015 on the standing
of victims of crime (2015 Law 4/2015), subject to exceptions on reasoned grounds. The
rationale for this right is the persistent secondary victimisation of victims in the criminal
justice system and the need for a procedural justice approach. This article draws on
qualitative exploratory research conducted during September, October and November
2019 in the Basque Country (Spain), based on information collected from fieldwork
observation, photos, questionnaires and interviews with victims and legal professionals, as
well as secondary data on a Basque Government program that offers more comprehensive
professional companionship to women victims of intimate partner violence. It analyses
some aspects that emerge from the implementation of this right in Spain.