Lest we forget: Lest we forget: Recognising and validating Recognising and validating

victims' needsvictims' needs

Jan JordanJan JordanInstitute of CriminologyInstitute of Criminology

Victoria University of WellingtonVictoria University of Wellington

Victimisation in New ZealandVictimisation in New Zealand

In the year 2005, there were 2,753,000 In the year 2005, there were 2,753,000 household and personal offences committed household and personal offences committed against those aged 15 and over.against those aged 15 and over.

This translates to This translates to ffour in ten people having our in ten people having experienced some form of victimisation.experienced some form of victimisation.(Mayhew, P. and Reilly, J. (2007). (Mayhew, P. and Reilly, J. (2007). The New Zealand Crime and Safety The New Zealand Crime and Safety Survey 2006)Survey 2006)

Victims’ Rights Act 2002Victims’ Rights Act 2002

A 'victim of crime' is anyone who, as a result of A 'victim of crime' is anyone who, as a result of crime, has:crime, has:suffered physical injury; suffered physical injury; suffered emotional harm;suffered emotional harm;lost property (or had property damaged); lost property (or had property damaged); suffered the death of a family/wha-nau suffered the death of a family/wha-nau member or that person can no longer take member or that person can no longer take care of themselves; care of themselves; a child who has died or suffered harm or loss a child who has died or suffered harm or loss to their property.to their property.

Key QuestionsKey Questions

1) What does it mean to be victimised?1) What does it mean to be victimised?

2) Where do victims fit in criminal 2) Where do victims fit in criminal justice system processes?justice system processes?

3) What do victims want?3) What do victims want?

What does it mean to be victimised?What does it mean to be victimised?

Experiencing violence transforms Experiencing violence transforms people into victims and changes their people into victims and changes their lives forever. Once victimized one can lives forever. Once victimized one can never again feel quite as invulnerable.never again feel quite as invulnerable.

(Koss, M. P. (1990). The Women's Mental Health Research (Koss, M. P. (1990). The Women's Mental Health Research Agenda: Violence Against Women. Agenda: Violence Against Women. American Psychologist,American Psychologist, 45 (3), 45 (3), p. 374)p. 374)

Researcher reflecting on rape Researcher reflecting on rape complainants’ experiences of court….complainants’ experiences of court….

This is state-sanctioned victimisationThis is state-sanctioned victimisation.. (van de Zandt, P. ((van de Zandt, P. (19981998) Heroines of fortitude. ) Heroines of fortitude. In P Easteal (ed) In P Easteal (ed) Balancing the Scales: Rape, Law Reform and Australian CultureBalancing the Scales: Rape, Law Reform and Australian Culture, , p.p.125)125)

Where do victims fit in criminal Where do victims fit in criminal justice system processes?justice system processes?

For those who sought redress in the For those who sought redress in the criminal justice system, the single criminal justice system, the single greatest shock was the discovery of greatest shock was the discovery of just how little they mattered. just how little they mattered. (Herman, J. (2005). Justice from the victim's perspective. (Herman, J. (2005). Justice from the victim's perspective. Violence Violence Against WomenAgainst Women, 11, 11 (5), p. 581)(5), p. 581)

Victims Rights Act 2002; Victims Rights Act 2002; Victims Charter 2008Victims Charter 2008

You can expect to:You can expect to:

be treated with respect for your dignity and privacy, be treated with respect for your dignity and privacy, and with courtesy and compassion; and with courtesy and compassion;

get information about services and programmes that get information about services and programmes that may help to address your needs, and any actions a may help to address your needs, and any actions a court can take to help you; court can take to help you;

get information about the investigation of the get information about the investigation of the offence and any action being taken against the offence and any action being taken against the accused person; accused person;

be given the opportunity to make a written statement be given the opportunity to make a written statement about the impact the crime has had on you. This is about the impact the crime has had on you. This is called a Victim Impact Statement.called a Victim Impact Statement.

I didn’t see the man until the day I went I didn’t see the man until the day I went to court. I didn’t have any idea of what to court. I didn’t have any idea of what he looked like. I nearly shat myself he looked like. I nearly shat myself when I saw him. I thought, ‘You ugly when I saw him. I thought, ‘You ugly bastard!’bastard!’ (Connie, in Jordan, J. (2008) (Connie, in Jordan, J. (2008) Serial SurvivorsSerial Survivors, p.96), p.96)

I had this sick feeling at the bottom of I had this sick feeling at the bottom of my stomach, that if I actually saw him my stomach, that if I actually saw him and knew what he looked like, he would and knew what he looked like, he would become more real. become more real.

(Jennifer in Jordan, J. (2008) (Jennifer in Jordan, J. (2008) Serial SurvivorsSerial Survivors, p.97), p.97)

I wanted him to see me, I wanted him to I wanted him to see me, I wanted him to know that I was there….know that I was there…. ((Karen, Karen, in Jordan, J. (2008) in Jordan, J. (2008) Serial SurvivorsSerial Survivors, p., p.95)95)

I wanted to look him in the face. I kept I wanted to look him in the face. I kept looking at him virtually the whole time. looking at him virtually the whole time. Once he looked up and I glared at him Once he looked up and I glared at him and looked him in the face as if to say, and looked him in the face as if to say, ‘I’m not scared of you mate!’ ‘I’m not scared of you mate!’ (Suzanne, in Jordan, J. (2008) (Suzanne, in Jordan, J. (2008) Serial SurvivorsSerial Survivors, p.99), p.99)

I I think I almost forgot that there were think I almost forgot that there were other people there. I remember at one other people there. I remember at one stage answering a question and the stage answering a question and the judge saying something, and I got quite judge saying something, and I got quite a fright. I thought, ‘Oh, you’re there a fright. I thought, ‘Oh, you’re there too, that’s right!’too, that’s right!’(Frances, in Jordan, J. (2008), (Frances, in Jordan, J. (2008), Serial SurvivorsSerial Survivors, p. 93), p. 93)

The only person I was really aware of The only person I was really aware of was the judge…. I guess I told myself I was the judge…. I guess I told myself I had to focus. Block out and get in there had to focus. Block out and get in there and get out in one piece.and get out in one piece. (Connie, Jordan, J. (2008), (Connie, Jordan, J. (2008), Serial SurvivorsSerial Survivors, p. 93), p. 93)

There was a lot of spiritual stuff that I There was a lot of spiritual stuff that I got into that gave me strength and got into that gave me strength and whatever. With this friend of mine the whatever. With this friend of mine the box where I was going to be, we glit up, box where I was going to be, we glit up, with the glitter of courage. with the glitter of courage.

We also put it into his [Rewa's] box. We We also put it into his [Rewa's] box. We went over there and so we showed it went over there and so we showed it

my strength - this was my room, this my strength - this was my room, this was my space. So a lot of that was very was my space. So a lot of that was very much, ‘I am the Goddess of Justice’, much, ‘I am the Goddess of Justice’, very much setting it up for myself…. It’s very much setting it up for myself…. It’s great to know that he [Rewa] probably great to know that he [Rewa] probably wouldn’t know what the hell all this wouldn’t know what the hell all this glitter was on the floor or around his glitter was on the floor or around his box! box! (Helen, in Jordan, J. (2008), (Helen, in Jordan, J. (2008), Serial SurvivorsSerial Survivors, p. 95), p. 95)

What do victims want?What do victims want?

To be treated with respect for their To be treated with respect for their dignity and privacy, and with courtesy dignity and privacy, and with courtesy and compassion.and compassion.

To not be subjected to additional, To not be subjected to additional, secondary victimisation.secondary victimisation.

To be asked what they want. To be asked what they want.

The Victimisation/Offending NexusThe Victimisation/Offending Nexus

Considering what it means to be victimised is Considering what it means to be victimised is vital to understanding and informing the vital to understanding and informing the ways we respond to criminal offending. ways we respond to criminal offending.

Victimisation that is not responded to, Victimisation that is not responded to, especially in childhood, contributes to especially in childhood, contributes to further offending. further offending.

Victimisation that is inappropriately or Victimisation that is inappropriately or unprofessionally responded to can also unprofessionally responded to can also contribute to further offending. contribute to further offending.

We are the [victims]; and we have not We are the [victims]; and we have not spoken yet. spoken yet.

Smile at us, pay us, pass us. But do not Smile at us, pay us, pass us. But do not quite forget.quite forget. (From G. K. Chesterton, (From G. K. Chesterton, The Secret People)The Secret People)