women victims of crime beulah shekhar

(1)

Working with the Police and the

Judiciary to ensure Safe Spaces for

Women Victims of Crime

by Dr.Beulah Shekhar

(2)

Our lives begin to end the day we

become silent about things that

matter- Martin Luther King

And victims do matter to all of

(3)

 _{What is a safe space for women ? A Safe space for a woman is a place}

where she can relax and be fully self-expressed, without fear of being made to feel uncomfortable, unwanted, or unsafe on account of her gender, race, religion ethnicity, cultural background age, or physical and mental ability. It is a place where the rules guard each person’s self-respect and strongly

encourage everyone to respect others.

 THIS WHAT THE UN DECLARATION ON VICTIMS, ENVISAGES THE POLICE STAIONS AND THE

CRIMINAL COURTS TO BE FOR WOMEN VICTIMS !

 _{Why should a police station or a court be women friendly or we need to} make the Police stations and courts a safe space for women and girls who are victims of crime ? Because she deserves a safe space to redress her grievances , on her path to recovery, reparation and in her pursuit for justice

 _{The key findings of prison studies show that}

 _{Victims can become offenders because of their experience.}

 _{Causes could include carrying out retaliation on the offender, or against} others in a displaced show of strength or emotion.

 _{Two-thirds of sex offenders in prisons victimized a child}_._{who do not get}

justice turn offenders and when they do not cope with their victimization seek their own justice turn around and become offenders

(4)

-The Need to Sensitize the Police and the

Judiciary

 _{Victim is the gate keeper of the Criminal Justice System ( legislative,}

enforcement, judicial & correctional wing )

 _{The Police and Judiciary are the front line professionals dealing with the Victims}  _{There is a lack of access to Justice for victims of crime in the present Criminal}

Justice System due to the Secondary Victimization by the Criminal Justice System

 _{There is need for a shift of focus from delivery of Justice to the accused to the}

Justice to victim and prevent Secondary Victimization by the CJS

 _{Victims are loosing faith in the Criminal Justice System}

 _{If Victims turn away from the System the Criminal justice system as we know it}

today, will become non functional

 VICTIMS WILL TAKE LAW INTO THEIR OWN HANDS AND SEEK JUSTICE ELSE

(5)

The key UN Documents that will be

highlighted today are the:

 _{The UN Declaration of Basic Principles of Justice for Victims of}

Crime and Abuse of Power 1985 …. Which is truly the ‘magna carta ’ for victims & provides the basic framework of principles which in the last two decades have been vociferously debated and converted as victims’ rights by some of the developed countries.

 _{The Handbook on Justice to Victims –}_{Deals with the use and}

application of the UN Declaration The Handbook on Justice to Victims was prepared by a group of experts from more than 40 countries by the Office for Victims of Crime in the Department of Justice and the Ministry of Justice in the Netherlands. The document was developed in cooperation with the United Nations Office at Vienna, Centre for International Crime Prevention, Office for Drug Control and Crime Prevention

(6)

The Declaration of Basic

Principles of Justice for

Victims of Crime and Abuse of

Power



The General Assembly adopted the

Declaration on 29 Nov. 1985



This Declaration is descendant to the UN

Universal Declaration of Human Rights

adopted in 1948



This Declaration gives victims a legitimate

(7)

The Two Parts of the

Declaration



For Victims of Crime:

_{Definitions for national norms}

_{Access to justice and fair treatment}

_{Restitution, compensation, and assistance}



For Victims of Abuse of Power:



Definitions for national and international norms



Access to justice, fair treatment



Restitution, compensation, and assistance



Multilateral international treaties

(8)

Ten Basic Principles of Justice for Crime

Victims as per this Instrument

Justice is served only if Victims of crime are

_{Treated with COMPASSION AND RESPECT}

_{Given the required INFORMATION (on rights in proceedings and}

explanation of progress)

_{Allowed to PRESENT THEIR VIEWS TO THE COURT} _{Have access to FREE LEGAL AID/ ADVICE}

_{Are assured PROTECTION OF PRIVACY AND PHYSICAL SAFETY} _{Have a choice of an INFORMAL DISPUTE RESOLUTION}

_{Are given SOCIAL AND MEDICAL ASSISTANCE}

_{Are given RESTITUTION BY THE OFFENDER & / OR} _{Are given COMPENSATION BY THE STATE}

_{Receive CAPACITY BUILDING & COOPERATION they need in}

(9)

The Handbook on

Justice for Victims



Section 1 – Impact of Victimization



Section 2 – Victim Assistance



Section 3 – The role and Responsibility of Front

Line Professionals to Victims



Section 4 – Advocacy, Policy Making & Law Reform



Section 5 – Working together at the International

(10)

The courtroom is the focal point of the entire

Criminal Justice System. . .

The judge who presides over a court becomes

not only the final arbiter of each evidentiary

and procedural issue, but also establishes the

tone, the pace, and the very nature of the

proceedings……..

Particularly for the victim, the judge is the

personification of justice.

……….Lois Haight

(11)

The Guide for Policy Makers on

Implementation



39 page companion to Handbook



Defines tasks to achieve the goals of the Declaration



Encourages governments to develop & support

programs



Reminds policy makers that victims deserve respect

for their dignity, privacy and security



Stresses importance of establishing partnerships

(12)

Functions of the Police and the

Judiciary as Frontline Professionals



Police and Judiciary as part of the Criminal

Justice System are frontline professionals



A woman victim of crime has to deal with the

police and judiciary in the immediate

aftermath of the crime



The victim’s first interaction with the police

(13)

Police Stations- haven or

hell?

Custodial Rape/ femicide – a recent disturbing trend in many countries- India, Pakistan, Bangladesh, Mexico, Guatemala and even developed countries like UK and USA

where victim laws are in place

_{Two New York City Police officers were arrested in April 2009 for}

rape, burglary and misconduct towards a 29-year old drunk woman

whom they escorted to her apartment in response to a 911 call

from a cab driver.

_{In 2006 in a civil unrest in San Salvador Atenco, Mexico, there was}

excessive use of force and firearms by hundreds of state police. The

National Human Rights Commission in its investigations found that

the police had molested and raped female detainees and abused

(14)

 _{A detention officer based at Kendal police station, UK has been jailed} for five years for committing a number of child sex offences.

 _{The Guatemalan army, paramilitary (civilian defense patrols) and} police used rape and violence against women as a weapon of war.

 _{In Bangladesh it has been reported that Policemen are regularly} implicated in rape cases, but never charged with the crime. Rights organization say reasons include patriarchal norms and sometime when the victim is poor they are often silenced by money

 _{In India rape in police custody is regularly reported. The state of Uttar} Pradesh in North India has acquired a notorious reputation where

(15)

Judges – Paragons of

(In)Justice



A convicted rapist will not go to jail because a Manitoba

judge says the victim sent signals that "sex was in the

air" through her suggestive attire and flirtatious conduct

on the night of the attack



Empirical studies of judicial attitudes by legal scholars

and social scientists confirmed that male judges tended

to adhere to traditional values and beliefs about the

"nature" of and proper roles for men and women, and to

prefer conformity to traditional and familiar

(16)

 _{A study on the Judicial attitude towards Rape in India}

mentions several Supreme Court decisions that were openly insensitive and unjust.

_{Judges acquitted the accused stating that the fear that led}

a victim to passively submit to rape by two police

constables could not be conclusively proved as fear of death or hurt;

_{Judges reduced the sentence of a convicted rapist}

because he was young and had a whole life ahead of him;

_{Judges reduced the sentence of a group convicted of gang}

rape because the gang rape did not seem to be

preplanned but only happened because the men gave into their lust and lost control

(17)

 _{A Saudi judge said it is okay for a man to slap his wife for lavish spending at a}

seminar on domestic violence, according to a report from Agence France-Presse

 _{A survey in India (Shivakumar, 1999) with 109 judges to assess their}

attitudes towards domestic violence showed that

_{48 per cent of them believed there were certain occasions when it was}

OK for a man to slap his wife,

_{74 per cent felt that the preservation of the family was more important}

even if women faced violence,

_{68 per cent believed that provocative clothes were an invitation to}

sexual assault and

_{34 per cent thought dowry had inherent cultural values}

 _{Hence, gender sensitisation is the need of the hour to change the mindset of}

(18)

Women as Victims of Crime

 _{Women hesitate to report crime}

 _{Women as victims special needs as Victims that have to be}

addressed

 _{Stark differences between National Crime Figures and}

Victimization Survey Figures

 _{Dark figures of crime are increasing}

 _{Need to increase the reporting of Crime and increase the faith}

in the Criminal Justice System

 _{How do we as NGOs / Womens Organisations plug the gap in}

(19)

 _{The International Crime Victim Survey (ICVS)}_{series developed}

by the ICVS international working group is an International victimization survey project set up

_{To fill the gap in adequate recording of offenses by the police}

for purposes of comparing crime rates in different nations

_{To provide a crime index independent of police statistics as}

an alternative standardized measure.

_{The series has so far done five sweep of surveys in 1989,}

1992, 1996, 2000 and 2005

 _The_{European Crime and Safety Survey (EU ICS)}_{is a tool for}

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Reasons for Victim Dissatisfaction of Police Around

the Globe

Mentioned Reasons Theft Burgla ry Robber y Sexual inciden ts Assaults & Threats All five crime s

Did not do enough ₆₃ ₆₈ ₆₈ ₆₃ ₇₁ ₆₆ were not interested ₅₂ ₅₆ ₅₆ ₆₀ ₅₆ ₅₄ Did not find offender ₅₅ ₅₈ ₅₆ ₅₈ ₄₂ ₅₄ Did not recover goods ₅₂ ₄₉ ₃₆ ₄₈ Gave no information ₄₄ ₄₄ ₄₀ ₄₉ ₃₇ ₄₂ Were impolite ₂₀ ₂₅ ₂₉ ₃₄ ₂₅ ₂₂ Were slow to arrive ₂₂ ₃₂ ₂₅ ₂₃ ₂₉ ₂₅ Other/don’t know ₁₉ ₃₆ ₂₆ ₄₄ ₂₉ ₁₄

* Multiple responses were allowed, percentages may add up to more than 100%.

Reasons for dissatisfaction with the police (percentages*for the last

(21)

Based on the International Crime Victim Surveys and the European Survey on Crime and Safety

 _{The main reason for dissatisfaction was that the police ‘did not do enough’}

 _{The second cause for dissatisfaction was that the ‘police were not} interested’ – mentioned by about half

 _{The next most common complaint overall was that no offender had been} caught.

 _{Next , impoliteness on the part of the police was mentioned more often}

 _{The fifth most common reason of dissatisfaction was that the police had} not given information (42%). One in five victims mentioned impoliteness as a source of dissatisfaction. One in three of female victims reporting sexual incidents

 _{Then complaint about lack of information made up 7% of all reasons given} in 1996 and 2000 and 12% in 2005. This upward trend in victims

(22)

 _{In a study that analyzed Victim counselling in an All Women’s Police}

Station in a Town in South India one crucial finding was a strong

correlation between the victim’s satisfaction with the counselling

session and their response about the fear of police. The study

suggested that this correlation maybe because

_{The victim is satisfied with the counselling session as she does}

not feel intimidated by the police

_{The victim feels that there is a person she can relate to who will}

be of assistance and give her the emotional support that she

needs.

_{Victims satisfied with the counselling will be better inclined to}

come and register a complaint in future thereby helping reduce

(23)

The U.N Declaration On Basic Principles Of Justice For Victims Of Crime And Abuse Of Power states that

 _{Judicial and administrative mechanisms should be established and}

strengthened where necessary to enable victims to obtain redress through formal or informal procedures that are expeditious, fair, inexpensive and accessible

 _{Victims should be informed of their rights in seeking redress through such}

mechanisms

 _{The Charter of the United Nations also reaffirms faith in fundamental human}

rights, in the dignity and worth of the human person and in the equal rights of men and women

 _{Despite several resolutions, declarations and recommendations adopted by the}

(24)

Article 2 of the CEDAW , the UN Convention on the Elimination of All Forms of Discrimination against Women 1979

states that the ratifying parties shall

 _{Condemn all forms of discrimination against women by}

adopting appropriate legislative measures, sanctions prohibiting such discrimination

 _{Establish legal protection of the rights of women on an equal}

basis with men and ensure through competent national

tribunals and other public institutions the effective protection of women against any act of discrimination

 _{Ensure that public authorities and institutions shall act in}

conformity with this obligation

 _{Take all appropriate measures, including legislation, to modify}

(25)



A woman victim of crime already traumatized by the

crime undergoes further Secondary Traumatization at

the hands of the system that she must confront to seek

redress



Women victims continue to experience threat and

discrimination at the hands of police and in courtrooms



Research has shown that dignity and healing of victims

depends on the respect and assistance extended to

them by frontline professionals like the Police,

prosecutors, victim advocates, legal aid providers,

(26)

THE U.N DECLARATION ON BASIC PRINCIPLES OF JUSTICE

FOR VICTIMS OF CRIME AND ABUSE OF POWER, 1985

On 29 November 1985, the General Assembly of the United

Nations adopted the Declaration of Basic Principles of Justice

for Victims of Crime and Abuse of Power based on the

conviction that victims should be treated with compassion and

respect for their dignity and that they are entitled to prompt

redress for the harm that they have suffered, through access to

the criminal justice system, reparation and services to assist

(27)

 _{The Proposed} _{Draft UN Convention on}_{Justice and Support}

for Victims of Crime and Abuse of Power in its Preamble recognizes that millions of people, including many women and children, throughout the world still suffer harm as a result of crime, abuse of power and terrorism, and that the rights of these victims still have not been adequately recognized, and that they may, in addition, suffer hardship when assisting in the prosecution of perpetrators

 _{The Preamble further noted that it is necessary}

 _{to provide victims of crime with better information, support}

services, reparation from offenders, compensation from the state and a role in criminal proceedings and

 _{to establish programs to protect victims of crime who are}

(28)

The definition of Victims of crime as

per the UN Declaration

 _{"Victims" means persons who, individually or collectively, have}

suffered harm, including

_{physical or}

_{mental injury,}

_{emotional suffering,}

_{economic loss or}

_{substantial impairment of their fundamental rights,}

through acts or omissions that are in violation of criminal laws operative within Member States, including those laws proscribing

(29)

(30)

The UN Declaration states that victims of crime have a right to Access to justice and fair treatment

 _{Victims should be treated with compassion and respect for}

their dignity

 _{They are entitled to access to the mechanisms of justice}

and to prompt redress, as provided for by national legislation, for the harm that they have suffered

 _{For most victims and their families, the first contacts}

with the authorities are with the police. If the perpetrator of the offence cannot be apprehended (as in the case in the majority of offences reported to the police), the interview by the police is often the only contact with the authorities

 _{The satisfaction of the victims with their treatment by the}

(31)

The UN handbook on Justice for Victims prescribes

• _{Sensitization of the police and the judiciary to the needs of victims}

by adequate training

• _{Training for police officers in victim issues should emphasize}

awareness and empathy for victims and their needs

• _{Treating victims in a more sensitive and sympathetic manner}

inevitably helps the police to do their job better by ensuring that

more information is provided and that the victim is more willing and

better able to become involved as a witness within the judicial

(32)

The Role and Responsibility of the Police to Victims

as per the Handbook on Justice for Victims

 _{On-site crisis intervention}

 _{Emergency medical assistance}

 _{Information about police procedures and investigation process}  _{Assistance to protect evidence}

 _{Accompany the victims to emergency medical services}

 _{Information about possible consequences of the crime on the}

victim

(33)

 _{Referrals to victim assistance services}

 _{Ensuring that the victim is personally contacted by telephone}

or in person 24 to 48 hours following the initial response in order to see whether assistance has been sought and/or received

 _{Ensuring that the property of the victim is secured so that}

personal safety is not compromised as a result of crime

 _{Establishing procedures to ensure that victims of violent}

crime are periodically informed of the status of investigations

 _{Establishing protocols for proper detention and investigation}

(34)

U.N declaration states that the responsiveness of judicial and administrative processes to the needs of victims should be

 _{Informing victims of their role and the scope, timing and progress of the} proceedings and of the disposition of their cases, especially where serious crimes are involved and where they have requested such information

 _{Allowing the views and concerns of victims to be presented and considered} at appropriate stages of the proceedings where their personal interests are affected, without prejudice to the accused and consistent with the relevant national criminal justice system

 _{taking measures to minimize inconvenience to victims, protect their privacy,} when necessary, and ensure their safety, as well as that of their families and witnesses on their behalf, from intimidation and retaliation

 _{Judicial and administrative mechanisms should be established and}

strengthened where necessary to enable victims to obtain redress through formal or informal procedures that are expeditious, fair, inexpensive and accessible

(35)

The Roles and Responsibilities of the

Prosecution to Victims

 _{Keep victims informed and involved by providing information}

about the criminal justice system and proceedings, status of cases and coordinating with the judiciary

 _{Providing a waiting area for victims and witnesses and their}

families in the courthouse that is separate visually and audibly from the offender. These areas should be “child-friendly” and safe and secure, where feasible

 _{Establish agreements with non governmental organizations to}

provide services such as victim-alert programs, coordinating

(36)



Continue assistance to victims after conviction

of the offender



Respect and recognition for victims



Providing victims with information



Special services and support



The ordering of restitution



Victim participation / VICTIM IMPACT STATEMENT



Support Persons accompanying victims



Protection of the victim



Protection of special categories of victims

(37)

International trends towards improving the response of

the Criminal Justice system towards Victims of Crime as

per the Guide for Policy Makers

Guidelines for the police and judicial authorities that stipulate the proper

treatment of victims

 _{Introduction of a comprehensive victim bills of rights}

 _{Simplify procedures in the administration of justice and to promote general}

awareness of the availability of various mechanisms for obtaining justice

and redress

 _{Designating particular police officers, prosecutors and judges to be}

responsible for victim issues in general or for matters relating to particular

victims

(38)

 _{Setting up separate victims’ affairs offices, for example at police stations}

or in court

 _{Examining legal procedures in order to ensure the availability of judicial}

review. For example In Germany and Mexico the victim is permitted to

request that a superior prosecutor or a court review the decision. In Austria

and Finland the victim is

allowed to prosecute directly

 _{Victims are increasingly being provided, where appropriate, with a choice}

of proceeding with criminal, administrative, civil or informal measures

 _{The establishment or expansion of the possibility of presenting civil claims}

in connection with criminal proceedings.

 _{This possibility is available in a great number}

of jurisdictions, for example as “partie civile” (in French-based systems) or

(39)

 _{In Mexico neglect by the prosecutor or the court to take into}

consideration the right of the victim to claim redress in criminal proceedings may lead to administrative sanctions

 _{The Indian Experience - Creation of a Victim Assistance Fund}

scheme in the state of Tamil Nadu in India that provides monetary help to victims of homicide or their bereaved

relatives, victims of serious physical injuries including rape, and victims of grievous hurt

 _{In Austria Victims may submit evidence, suggest questions}

that may be asked of the defendant or of witnesses, and

comment on statements and evidence submitted to the court

 _{USA provides the victim a right to be heard on the appropriate}

sentence of the defendant and on their release from prison on

(40)

 _{In Finland and India the laws on cost-free legal proceedings also apply to} victims in the case of need

 _{Most countries in western Europe, Australia, Canada, Hungary, Poland and the} United States have established such programmes in close cooperation with law enforcement agencies, who are often the victim’s first contact with persons of authority

 _{In Finland and the United States a social worker or a specially trained}

volunteer is arranged to accompany the police officer when responding, for example, to domestic disturbance calls and when informing family members of a violent crime

 _{Portugal and the United States have experimented with victim/witness} programmes based in the prosecutors’ offices or, since social workers are

(41)

• Some measures taken in different jurisdictions to minimize inconvenience to victims include:

 _{If the property of the victim (such as stolen property or soiled clothing) is} required as evidence, photographs can be taken or sworn statements

prepared by the investigating officer. The property can then be restored to the victim, unless a formal objection is made

 _{Immediate reimbursement to the victim of expenses involved in} participating in the police investigation and attending proceedings,

pending the determination of guilt and the final allocation of responsibility for the costs

(42)

 _{Denmark, Finland, Norway and Sweden have created a position of “support} persons” whose services are paid by the State and who, in such serious

cases as sexual assault, accompany the victim throughout the process, from the first contacts with the authorities to the implementation of the decision

 _{Arrangements for sustenance, child care facilities and other conveniences} while waiting in court and the possibility of separate waiting room

facilities to avoid undue contact with the suspect or with the suspect’s relatives and acquaintances

 _{Reviewing the possibility of}_{in camera}_{proceedings or, for example, the} provision of videotaped testimony or the use of one-way mirrors where this would encourage the victim to speak more freely, as in the case of victims of sexual assault or child victims;

(43)

Towards Safe Spaces for Women Victims of

Crime- All Women Police Stations



A pioneering initiative of the state of Tamil Nadu

in India (though the first one was opened in

Calicut in 1973). At the World level the first

AWPS was set up in Brazil in 1985. The first

AWPS in Tamil Nadu was opened in 1991.



Since its commissioning in 1991 the number of

AWPS in India has grown to 524 (National Crime

Records Bureau 2009)



An AWPS is

manned? operated

by one woman

(44)

An All Women Police Station

An all-women staff

operates the customer counter at the South Indian food store

A Woman Police

Sub-inspector talks to a couple involved in a domestic

(45)

Brazilian Initiative to Encourage

Reporting by Women Victims

(46)

Aims of All Women Police

Stations



Provide immediate relief to women in distress



Rescue girls and missing children,



Assist policemen in the raids to curb immoral trafficking



Public order duties at large gatherings where women

congregate



Investigate crime cases against women under Indian

Penal Code, Dowry Prohibition Act, Tamilnadu Prevention

of Women Harassment Act, Domestic Violence Act, Child

Marriage Act, Medical Termination of Pregnancy Act,

Child Labour act, Juvenile Justice act, Prevention of

Immoral Traffic Act

(47)

Towards Safe Spaces for Women

Victims of Crime- Mahila/ Family

Courts

 _{Designation of courts to deal exclusively with cases relating}

to offences against women

 _{Headed by District and Sessions Judges for speedy trial and}

disposal of cases of offences committed against women and also cases under other social laws enacted by the Central and State Governments for the protection of women

 _{To ensure that the these places are manned by trained}

(48)

Aims of Women's /Mahila/ Family

Courts

 _{To promote conciliation and secure speedy settlement of disputes relating to}

offences against women , family affairs and for matters connected

 _{To ensure that persons who are appointed to these y courts are committed to}

the need to protect women and ensure that the court is a safe space for women and to promote the settlement of disputes by conciliation and counselling

 _{Preference of women as mahila /Family Court judges}

 _{To associate with institutions engaged in promoting welfare of families,}

especially women and children, or working in the field of social welfare

 _{To facilitate satisfactory resolution of disputes concerning the women through}

(49)

The Road Ahead………

 _{To advocate that training in Victimology and victim assistance be included in}

the academic syllabus of every Police and Judicial academy

 _{Victimization surveys in order to assess the magnitude of the problem in}

realtion to the dark figures of crime.

 _{Involvement of the YWCAs and other NGOs in training at the Police academies}

and judicial academies

 _{Sensitization , skill development and capacity building of officers and}

functionaries

of NGOs, civil societies.

 _{Research on need of victims in every country}

 _{All services provided to victims should be need based}

 _{To initiate the setting up of National Societies of Victimololgy to work with the}

(50)

Knowledge is power – this is the

Motto of The Manonmaniam

Sundaranar University

Now we have the knowleedge of the UN declaration for

Victims , and hence the power to make a difference in

the life of Women who are victims of crime in out

(51)

Thank you

Dr. Beulah Shekhar

Manonmaniam Sundaranar