Victim Support Australasia Inc.


Victims, Justice & the Law
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Victims, Justice & the Law

People who have become victims of crime may become involved with the justice system.  In addition to coping with the experience of becoming a victim, people carry significant responsibilities as victims and witnesses of crime in the administration of justice.  

Without a victim’s decision to report the incident to police, to cooperate with an investigation, and to provide a statement, the crime could not be addressed.  A victim is also needed to cooperate with the prosecution, and to attend court and be a witness.  The prosecution of a crime relies heavily on victims.

Since 1985, there has been growing acknowledgment that the responsibilities that victims carry should be explicitly recognised and better supported.  

INTERNATIONAL AND NATIONAL STANDARDS

In 1985 the United Nations passed a Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (Resolution 40/34).  Victim Support Australasia celebrated the 20th anniversary of the Declaration at a Gala Dinner in Canberra, ACT, in 2005.  
 
To enable Member States to better meet their obligations under the UN Declaration, the UN Centre for International Crime Prevention published two reports in 1999 on the use and application of the Declaration of Basic Principles.  The Handbook on Justice for Victims describes a framework for Member States on the provision of victim assistance.  The Guide for Policy Makers describes criminal victimisation as an abuse of citizens’ human rights, deliberations to the UN Resolution and the Declaration itself.  See www.uncjin.org.
 
 In essence, the documents recommend the development of:

  • crisis intervention facilities,
  • counselling services,
  • direct assistance,
  • advocacy on rights and entitlements,
  • support within the criminal justice system,
  • training services,
  • public education,
  • prevention activities, and
  • standards of good practice.

VICTIMS’ RIGHTS IN AUSTRALIA

The responsibility for managing the criminal justice system rests with the Australian States and Territories.  Since 1985, most jurisdictions have passed legislation similar to the UN Declaration of Basic Principles.  Other legislation has provided opportunities for victim participation by allowing Victim Impact Statements, and has recognised that some victims also need protection in different ways.
 
In 2005, the Federal Government of Australia approved, through the Commonwealth Law Ministers, a Commonwealth Statement of Basic Principles of Justice for Victims of Crimes.  
 
There has also been growing recognition that people need information and support to enable them to participate in justice processes.  Governments and justice authorities across Australia have responded to these challenges in different ways.

CRIME AND VICTIMISATION

In the 2005 Australian Bureau of Statistics (ABS) Crime and Safety Survey nearly half a million households had experience of a property crime.  Approximately 5.3% of Australians over 15 years had experience of one or more personal crimes.  The Crime and Safety Survey comprises citizens who self-report their experience of victimisation. 

The ABS survey also showed that those most at risk of assault were young people and males.  The offender is also most likely to be male.  Females are most likely to be assaulted by someone they know and to be assaulted in their own homes.  The vast majority of assault victims seek help after an incident and this is most usually from a family member (61%) and/or a friend or neighbour (57%).  The survey showed that 44,000 Australians experienced 72,000 incidents of sexual assault.

CRIME VICTIMISATION RATES

Crime and Victimisation Rates chart

The ABS publication on Recorded Crime (2005) describes those incidents reported to police and supplied to the ABS by the respective police services across Australia.  This shows that the number of victims recorded by Australian police declined in most offence categories in 2005 when compared to 2004. The number of victims of homicide and related offences decreased by 10%, while victims of motor vehicle theft and unlawful entry with intent both decreased by 8%. Other theft and kidnapping/abduction both decreased by 5%.  Increases were recorded for blackmail/extortion (6%) and robbery (2%).

VICTIMS(a), Percentage change in number - 2004 to 2005 

Victims chart showing change in number from 2004 to 2005

The majority of victims of most types of offences who report to police are aged over 25 years.  Males are more likely to report as victims in most categories of offence except kidnapping/abduction.  Knives are the most common weapon used in the offences of murder, attempted murder, and assault that are reported to police.  See http://www.abs.gov.au/

Other research into specific areas of crime supports these basic findings about victimisation.  However, the more in-depth research provides important qualifying information.  For example, the experience of women and girls of personal crime is very different to that of males.  See for example, the ABS Women’s Safety Survey (1999) at http://www.abs.gov.au/ or the Australian component of the International Violence Against Women Survey at http://www.aic.gov.au/

In essence, the available research shows that different types of crime affect different people and different locations differently.  There are many similarities to the impact of victimisation on men and women, children and adults, and regardless of a person’s ethnic or racial background.  However, understanding the differences is very important for prevention, for developing services and to assist justice responses.