Legal Protection and Support for Victims
last updated 10 February 2009

Other reforms could improve the sexual assault victim's experience in the legal system. These could include the creation of separate facilities at the courthouse (such as a separate waiting room) to minimize the victim's contact with the defendant and his family, or the institution of special procedures (such as the option of testifying on video) that would allow victims to provide evidence without encountering the defendant. From Ivana Bacik, Catherine Maunsell, & Susan Gogan, The Legal Process and Victims of Rape 15-16 (September 1998); The Response to Sexual Assault: Removing Barriers to Services and Justice: The Report of the Michigan Sexual Assault Systems Response Task Force 59 (2001).

Other jurisdictions have instituted reforms similar to those undertaken in the area of domestic violence by creating dedicated courts  for sexual offenses. The Wynberg Sexual Offenses Court was established in 1992 in Cape Town, South Africa, to deal with rape and sexual assault cases. A task force was formed to "identify problem areas in treatment of rape victims at the hands of police, hospital staff, district surgeons, prosecutors and judicial officers." Since the creation of the task force, a number of reform initiatives have been devised by government agencies in the western Cape. These have included the introduction of police rape specialists; new guidelines for the handling of rape cases; the opening of the Sexual Offenses Court at the Wynberg regional Magistrates court; and the selection of seven Regional Court prosecutors to deal with rape cases in other courts. In the Wynberg Sexual Offenses Court, women assessors are used to offset possible male bias and specially trained regional court prosecutors deal with cases. The two prosecutors have lighter case loads to allow them more time to consult with rape complainants so as to better prepare their cases. In addition, a police officer from each of the Criminal Investigation Units in the western Cape has been trained as a police rape specialist. The court is located upstairs, away from the rest of the courts in the building, so rape survivors can wait in private. There is a separate waiting room so that the accused and the complainant do not have to wait in the same room until the case is called.

From Compendium: Model Strategies and Practical Measures on the Elimination of Violence Against Women in the Field of Crime Prevention and Criminal Justice, International Center for Criminal Law Reform and Criminal Justice Policy 130-31 (March 1999).

Other jurisdictions have introduced legislation guaranteeing victims the right to have an advocate present at a medical exam, or requiring the state to pay for the medical exam so that this cost is not borne by the victim. Responding to victims' fears of exposure to HIV, other jurisdictions in the United States have required that offenders be tested for HIV/AIDS.

Yet other countries have attempted to centralize and streamline victim assistance efforts by creating specialized women's police desks or stations. The former Special Rapporteur notes, however, that such bodies "are often marginalized within State structures, underfunded, understaffed and suffer from low status within the criminal justice establishment." From 1997 Report of the Special Rapporteur on Violence Against Women, Alternative Approaches and Ways and Means Within the United Nations System for Improving the Effective Enjoyment of Human Rights and Fundamental Freedoms (E/CN.4/1997/47) (12 February 1997).

Some states have even tried to "legislate good behaviour." The former Special Rapporteur has described a law in New Zealand, for example, that requires prosecutors, judicial officers and attorneys to treat victims with courtesy, compassion and respect. Victims must be informed about the availability of services, and the nature of the proceedings. Some states have also developed legal advocacy programs, to help victims navigate the legal system and to provide them with support during the process. From 1997 Report of the Special Rapporteur on Violence Against Women, Alternative Approaches and Ways and Means Within the United Nations System for Improving the Effective Enjoyment of Human Rights and Fundamental Freedoms (E/CN.4/1997/47) (12 February 1997).

Yet other legal provisions are designed to provide the victim with additional support during legal proceedings. A Dublin study found that rape victims' experiences in the legal system were significantly improved when they were provided with the option of legal representation. According to the study, this option already exists in many jurisdictions within the European Union. This option would ensure that victims will be "kept informed of the progress of the investigation and pre-trial procedures." While the victim's lawyer should not act as a second prosecutor, he or she "may still intervene on behalf of the victim, for example to request that certain protective measures be adopted, and to prevent unduly hostile questioning of the victim and to assist in the application for compensation." From Ivana Bacik, Catherine Maunsell, & Susan Gogan, The Legal Process and Victims of Rape 18 (September 1998).

Other reforms have focused on increasing victim participation in the legal proceeding. One of the ways in which this can be done is through victim input into the sentencing decision; often, this input is provided thorough "victim impact statements"—statements made by the victim to the court describing the effect of the assault on her and her family. As described the Dublin study, victim participation in criminal processes has been found to have significant benefits. The literature reviewed in anticipation of this study indicated that victim participation may "lead to great victim belief in the system, leading to greater levels of reporting and victim co-operation, thereby enabling the criminal justice process to operate more widely and effectively in relation to levels of actual crime." Other studies reviewed indicate that victim participation may enhance the healing process. A Polish study reviewed "suggests that that satisfaction levels among victims who choose to participate in the criminal justice system are higher than the levels of those victims who do not participate," while other studies were inconclusive on this issue. From Ivana Bacik, Catherine Maunsell, & Susan Gogan, The Legal Process and Victims of Rape 54-55 (September 1998); The Response to Sexual Assault: Removing Barriers to Services and Justice: The Report of the Michigan Sexual Assault Systems Response Task Force 60 (2001).
 
An alternative sexual assault law from May 2008, including protection, support and assistance to survivors, may be found in the United Nations expert group report entitled "Good practices in legislation on violence against women" Section 6.  For the Russian version of the report recommendations, click here.