The Victorian Victims of Crime Commission (VOCC) has blasted the state’s legal system for “retraumatising” victims in the pursuit of justice.
Commissioner Fiona McCormack said victims felt sidelined by the process of pursuing criminal justice.
“I have been distressed to hear the devastating impact the justice process has had on so many victims, to the extent that some have attempted to take their own lives. It shocks me that as a society we are complacent to the routine trauma that victims experience in a justice system that is central to our democratic society,” she said.
“While confronting the disheartening findings within these pages, I want to acknowledge the remarkable strength and resilience of those who have not only survived but have also found the courage to speak up, to demand change, and to share their stories so that others may find a better justice and victims’ service system.
“This report is a wake-up call for individuals, agencies and services that make up the justice and victims’ services system. I hope these recommendations serve as a catalyst for meaningful dialogue, collective commitment, and transformative action, to create a future where victims are truly participants in our justice system.”
The report’s findings were generated by conversations with about 200 experts and victims of crime. The central theme is that victims feel disempowered, silenced, and confused by the criminal justice system.
74% of victims surveyed said they were either never treated as a participant or only treated as a participant sometimes during the process.
Almost half (45%) of victims surveyed were so disillusioned, they said they did not want to participate in the justice process again because the system causes further trauma, they lacked confidence in the justice system and did not feel safe.
This has significant implications for the integrity of the criminal justice system as a whole. When almost half of the victims of crime say they would not willingly participate in a criminal investigation again, persuading victims and witnesses to come forward with evidence will become increasingly difficult.
“While the justice system is reliant on victims to report crime and give evidence, I heard that many victims are deterred from participating in the justice process due to the extent of trauma they see other victims experience or because they do not have enough trust in the system to report a crime.
“Around half of victims surveyed in this inquiry would not participate in the justice system again if they had a choice. Many victims told us they made the decision not to participate by not reporting a crime in the first place.
“While it is acknowledged that some parts of the justice system will always have the potential to cause distress, the VOCC was also told about incidents that may have been avoided had a trauma-informed approach had been adopted.”
The Victorian Victims of Crime commissioner handed down 55 recommendations intended to increase victim participation in the justice system.
This is about ensuring the integrity of criminal justice by ensuring crimes are dealt with by the relevant authorities, but also thinking about the needs of victims as separate to those of the system itself.
These go to addressing systemic barriers that may prevent people from accessing justice in the first place. These include wider use of online reporting, creating avenues for trauma-informed and culturally safe reporting and direct government intervention, in creating a victims’ support group.
The federal government has asked the Australian Law Reform Commission to perform a similar review at the federal level.
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