Pre-trial investigation and criminal proceedings

Assistance available for the victim during the criminal procedure

Before the criminal process and hearings are initiated, a victim of human trafficking must receive information on:

  • The legal process and their status in the criminal proceedings
  • Their right to a support person
  • Their right to an interpreter
  • The right to a lawyer (as the injured party).

Victims are entitled to these services free of charge throughout the pre-trial investigation, interviews, and court proceedings.

If the case involves a victim of human trafficking who has returned to their country of origin, the victim is first prepared in the country of origin before travelling to Sweden, where the trial is held. Alternatively, the victim may present to a court in the home country and be heard by the Swedish court via video link.

Children

When a child under the age of 15 is a suspected victim of a crime, they are referred to Barnahus. There, child victims can access social services, psychologists, paediatricians, police, and prosecutors in a child-friendly environment. 

The child should preferably be questioned within two weeks from receipt of the police report. If there is no Barnahus in the area, the questioning is done at a police station. Either way, children must be questioned by an interrogator specially trained in interviewing children. 

If the victim is a child without parents, or if the parents are suspected of committing the crime, the court, at the prosecutor’s request, must appoint a special representative for the child. The special representative must be a lawyer, law firm associate, or another qualified individual. Their role is to protect the child’s interests during the preliminary investigation and court proceedings.

Protection of the victim during the criminal procedure

Victims may receive different support measures during the trial. These include:

  • Escort to, in, and out of court.
  • Support in avoiding contact with the perpetrator and their friends or other contacts upon arrival at the trial (such as by using the side entrance or a separate waiting room).
  • Use of the court’s special witness support.
  • Support persons (e.g. a friend, relative, representative from social services, or an association that protects victims’ interests) who accompany the victim to the court. 
  • The option for the court to decide to hold the trial partly behind closed doors.
  • The option for the court to decide not to publicly disclose sensitive information, such as a person’s name, personal identity or life history.
  • The option to be questioned without the perpetrator being present in the courtroom.
  • Support during breaks in the court trial.

If the police risk assessment shows that the victim needs special protective measures, following means should be utilized:

  • The questioning of the victim must be conducted in premises that are intended for this purpose
  • Repeated questioning must be held by the same interrogator
  • The questioning must be led by a person of a specific gender if the victim so requests. 

If needed, the victim can also receive witness protection. 

If it is necessary to take additional protective measures to protect the victim, the police should complete a new individual risk assessment in collaboration with social services. If any changes occur in a case (e.g. if the perpetrator is released from prison), the victim must be informed within a reasonable period of time.

Children

The interrogation of a child victim is filmed so that the child does not have to testify in court. If the victim or witnesses is under 15 years, the court presents their testimony by playing the recorded video of the questioning. This may also apply to victims with intellectual disabilities who find it difficult to testify in court. 

However, children who are 15 or older usually have to testify in person, even if their police interview was filmed.

Receiving compensation

In a criminal liability trial for the perpetrator, the victim of human trafficking can make claims for:

  • Damages from the accused perpetrators for physical and psychological injuries
  • Aggrievement
  • Costs and expenses incurred in connection with the crime. 

The victim’s legal counsel or special representative assists the victim in applying for compensation. 

If the victim does not have counsel or a special representative, the prosecutor can assist them, or the victim can seek advice from the Crime Victim Compensation and Support Authority. This authority has a legal obligation to provide information on compensation for damages, the relevant procedures, and the support that crime victims are entitled to receive. 

The court decides on the amount of compensation the victim is entitled to. A ruling on damages should preferably be made in connection with the criminal case. However, it can also be handed down as the result of a separate action for damages.

Damages are primarily paid by the convicted perpetrators. After a guilty verdict is handed down, the Swedish Enforcement Authority can assist the victim in collecting the compensation.

If the perpetrator has insufficient assets, the victim can apply for compensation through the Crime Victim Compensation and Support Authority. Since the legal counsel’s assignment ends when the trial concludes, the victim has to turn to other actors for help with this process.