Working with the Police and the

Judiciary to ensure Safe Spaces for

Women Victims of Crime

by Dr.Beulah Shekhar

beulahshekhar@yahoo.com

Our lives begin to end the day we become

silent about things that matter- Martin

Luther King

And victims do matter to all of us , that is

why we are all here !

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

Hence ‘VICTIM ASSISTANCE IS CRIME PREVENTION ALSO -

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 WHERE !

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

The Guide for Policy makers

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 place in

the universal agenda of Human Rights

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

Special legislation

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 their pursuit of Justice

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 Level

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

Chair of the 1982 President’s Task Force on Victims of Crime

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 with all

agencies

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 and

judiciary is crucial to how she copes and recovers on

the road to the Justice

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 children, the elderly and the disabled.

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 women

are being victimized in large numbers. A rape, often of minor girls is reported

every day in the media. Last month a 14-year old girl was reported raped

and murdered in a police station.

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

institutions and roles (Wikler, 1980)

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

SO MUCH FOR VICTIM JUSTICE !!!!

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 the judges to

provide proper justice to the victims of domestic violence

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 services?

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 measuring the volume

and nature of crime in Europe. The EU ICS consortium combines leading European

research centres with a proven track record of data collection and analysis

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 incident in a period of five years) 2004-2005 ICVS and 2005 EU ICS from ‘Criminal Victimisation in International Perspective Key findings from the 2004-2005 ICVS and EU ICS’ by Jan van Dijk

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 complaining about lack of

information can be observed in most countries of the European Union.

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 the dark

figures of crime in the long run

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 United

Nations and the specialized agencies promoting equality of rights of men and women,

extensive discrimination against women continues to exist

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 or abolish existing laws, regulations, customs and practices which constitute discrimination against women

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, judges, corrections personnel, medical staff and

mental health providers

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 their recovery.

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 vulnerable, for

instance because of gender or age

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 criminal abuse of power.

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 police is an important measure of the victims’ satisfaction with the system

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 system

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

Information about victims’ rights and availability of compensation

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 of

suspects in order to protect the safety of victims.

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

Victims should be informed of their rights in seeking redress through such mechanisms

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 witness appearances,

information about availability of restitution

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

Architecture and use of space in court buildings

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

Establishing special sections in bar associations that focus on victim issues

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

“adhesion” proceedings (in many jurisdictions based on the Germanic system)

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 parole

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 often present in court

and see all parties requesting help, in probation services

• 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

Special consideration as to whether the testimony of a witness is required at a court

session and, if so, whether the summons could indicate more closely the actual time at

which the case would be heard

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;

The appointment of child advocates, who are mandated by the court to represent

the interests of the child victim

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 Sub-Inspector and two women police constables

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 dispute

Brazilian Initiative to Encourage Reporting by Women Victims

An All Women Police Station in Brazil

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

Provide 24x7 women helpline and child helpline services

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 personnel

who are sensitized to the needs of women as victims of crime.

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 a forum that

works expeditiously and in a just manner and with an approach ensuring maximum welfare

of society and dignity of women

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 World Society of

Victimololgy which has a consultative status with the UN and hence the ability to affect the

much needed change in the treatment of victims

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 cities, when we return from Jakarta

Thank you

Dr. Beulah ShekharManonmaniam Sundaranar

UniversityTamil Nadu, India