Children and adolescents need support if they are affected by a criminal offence or have witnessed a crime. They have special rights.
Parents and guardians should know what measures of support and counselling are available both to their children and themselves.

Children and adolescents usually suffer insecurities after they have been affected by a crime. They often do not dare to talk about it, especially if they know the offender, or if that person even belongs to their own family. It is particularly important to create trust, to explain to affected people what their rights are, to let them know that they are not at fault and that they are entitled to help.

Counselling centres offer comprehensive holistic and psychosocial counselling which is targeted to the needs and interests of those affected. The services offered by these counselling centres are direct, free of charge and anonymous if desired. They offer counselling and support independently of the willingness of the affected persons to cooperate with criminal prosecution and other authorities, or to testify at the criminal trial.

Persons directly affected
If something happens to children and adolescents, they may not be able to figure out whether what they experienced was a crime. It is important to let them know that they can and should confide in a person they trust. Children and young people who have been victims of certain serious violent crimes have the right to support by a lawyer and to psychosocial assistance in court proceedings. The police are an important contact point after a criminal offence. The police can determine whether the incident is to be classified as a criminal offence; in addition, they can protect the affected individuals and take appropriate measures. A lot of people will feel insecure when dealing with the police or the judiciary, because they are not familiar with the procedural steps at the police or in court. When parents decide either in favour or against filing a criminal complaint, it is therefore important to know which consequences will ensue from each respective decision, and how they can prepare themselves and their child. Advice by a lawyer and/or psychosocial assistance in court proceedings can be helpful in such situations.

Injury to children and adolescents resulting from criminal offences can be treated at doctors’ offices, clinics or in outpatient clinics dedicated to the protection against violence, and documented for potential later court proceedings.

Therapeutic treatment for children
The best interests and the health of the children are the first priority. Children who need acute therapeutic treatment must continue to receive it during the criminal proceedings as well. Parents can therefore have their child receive therapeutic treatment.

Witnesses
Children and adolescents who have witnessed a criminal offence might worry about or be afraid of doing or saying something wrong. The people who question them will try hard to make those fears go away. Children and adolescents can also bring someone along to their examination. This might be a family member, or a friend or adult to whom they are close, such as a teacher or childcare worker. Whether or not this person may be present during the examination is decided by the person who carries out the questioning. In any case, the statements must be made by the child or adolescent personally.

Testimony of children and adolescents
In the event of a criminal complaint, affected children and adolescents may be examined, if possible, in spaces furnished especially for children, which also enable video and audio recordings. In certain cases, questioning takes place by specially trained police officers. In the case of certain serious crimes, in particular sexual offences, examination by a judge will take place as early as during the investigative proceedings; the testimony will be recorded and can then be used in the subsequent trial instead of conducting another examination.

Protective measures during the trial
If children or adolescents must be questioned at trial, the following protective measures – based on the individual need for protection – are available

As a general rule, children and adolescents are questioned only by the presiding judge. If the other participants in the proceedings have additional questions, they pose them via the judge. Only in exceptional situation are direct questions to the child or adolescent allowed.

The court can order that the examination of the minor during the trial not take place in the presence of the defendant. If appropriate, the court can also order that the child or adolescent is in a room other than the courtroom during the trial, and that the testimony is then transmitted via video into the courtroom.

It is easier to exclude the public in the case of testimony by children and adolescents, e.g., when the case concerns criminal offences against sexual self-determination and the persons affected move for the public to be excluded.:

More information
The brochure titled „Ich habe Rechte“ and the Federal Justice Ministry’s website titled recht-relaxed.de are targeted directly at young people. Using practical examples, simple explanations describe the elements of criminal offences. It also explains special terms and the course of proceedings.

The website zeugeninfo.de offers age-appropriate information for children who are participating in criminal proceedings as witnesses.

You can find information here for children and adolescents who have been victims of sexual abuse.

Neglect and emotional distress

Independently of criminal offences, children and adolescents can get into situations where they need help from outside.

This might be at home, at school or in their circle of friends: There are problems and worries that they cannot resolve themselves. This applies in particular to children and adolescents, who often do not know how to react if they are feeling alone and ununderstood, or if they are being bullied.

It is best if children can then talk to people they trust, such as friends, parents or teachers. If they cannot help either, for example because they might be part of the problem, it might make sense and be helpful for children to take advantage of contact with specially trained experts.

For example, they can call the nationwide free number 116 117. The “Number against Sorrow” (Nummer gegen Kummer) is an anonymous and free telephone helpline which offers counselling for all worries and problems on Mondays through Saturdays from 2 pm - 8 pm, as well as Mondays, Wednesdays and Thursdays from 10 am - 12 noon. On Saturdays, children and young people can talk to kids their own age about their problems.

What can family members of affected persons do?

When people close to them are affected by a criminal offence, family members also have the opportunity to get help and to support those affected.

It can also be a burden to family members when someone is personally affected by a criminal offence. The desire to provide the best possible support can be accompanied by the fear of doing something wrong.

Therefore, family members are also entitled to turn to counselling centres in order to get information and advice.

Also, there is a parent’s hotline at 0800 1110550 which provides advice to parents free of charge and on an anonymous basis.

Support for witnesses
If a friend, acquaintance or family member has to testify as a witness, you can offer to accompany him or her to their examination. This is because witnesses are allowed, as a general rule, to bring someone along to provide support to them. Whether or not this person may be present during the examination is decided by the person who carries out the questioning. There is another exception as well: Those who appear as witnesses to an offence may not be present during the testimony of other witnesses.

Parents and guardians
Children and adolescents can also be affected by a criminal offence and called upon to testify as witnesses. Parents and guardians are not allowed to testify for their children, but in the case of a minor child they decide whether or not to file a criminal complaint. Of course, they are allowed to accompany their child to the examination and to court, should it come to a trial and the child has to testify.

In any case, children and parents should get advice from a counselling centre. Experts there will answer all important questions. It might also make sense to seek support from the Youth Welfare Office or the Family Court in order to ensure that the child is protected.

If your child should become the victims of violent or sexual crime, he or she also has the right to a professional dedicated helper by way of psychosocial assistance free of charge.

Support for bereaved persons
Survivors of persons who were killed as a result of a criminal offence can participate in the criminal proceedings as private accessory prosecutors and have the right to psychosocial assistance free of charge.

More information
You can find more information and details about the rights of people affected by crime and their family members in the Victim Handbook (Opferfibel).