Have you been a victim of crime? Have you wondered what your rights might be? You may have been assaulted on a night out, had your home invaded and ransacked, been knocked down in a hit-and-run, or had a family member murdered. The crime could have been a one-off event, or perhaps you have suffered such relentless abuse from a partner that it's hard to distinguish between hundreds of incidents of physical, sexual and psychological abuse.
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Whether you've been a victim yourself or have supported a loved one through trauma, the lives of many Canberrans are horrifically impacted by crime.
Without the evidence and co-operation of victims of crime, we would not have a functioning justice system. Despite this, victims often feel unheard and unappreciated in the justice process. I often hear from survivors about how the lack of information they receive from criminal justice agencies means they cannot take steps to keep themselves and their families safe.
Imagine being a survivor of family violence. The offender is in prison, but following a parole hearing, their release date is brought forward. No one contacts the victim. They can't prepare for their attacker's release to ensure they and their children will be safe. No one in the system informs the victim - not out of any ill will, but because they are busy and the victim didn't know about the register they could have signed up to, which would have enabled this flow of information.
Another victim of a violent assault has waited months to give evidence in court because the accused has pleaded not guilty. The victim steels themselves for this ordeal over many sleepless nights, knowing full well that the defence will do what they can to discredit their testimony, character and judgment. Then the perpetrator changes their plea to guilty. There will be no trial. But the victim only learns of this days later, when they call to confirm the trial date.
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This sort of experience is all too common for victims of crime, who may also struggle to raise concerns about the way their case has been managed, for fear they will be seen as "difficult" or because of the extraordinary power imbalance between justice agencies and individuals.
For this reason, I am pleased by Thursday's long-awaited introduction of the ACT Charter of Rights for Victims of Crime. The charter is a crucial opportunity to strengthen the ACT's human rights framework and better uphold the rights and interests of those affected by crime.
This charter will detail the type of treatment that people can and should expect if they become a victim of a crime in the ACT. Under the charter, victims will have the right to be provided with information about the criminal justice process and to be updated about investigations, proceedings and decisions made by criminal justice agencies. These agencies include police, the courts, Corrective Services, the Director of Public Prosecutions and my own team at Victim Support ACT. The Charter also gives victims the right to respect, privacy and safety, to access support, and to participate at different stages in criminal proceedings.
These rights are important because the prolonged and complex nature of the justice system often compounds, rather than heals, the trauma victims have experienced.
The charter establishes a much-needed baseline for how justice agencies must engage with victims, including a clear framework for victims to raise complaints. I am proud that this charter will be the most comprehensive, legislated set of rights for victims of crime in Australia. I will continue to advocate for stronger recognition of the rights and voices of victims, but hope that the charter marks an evolution in the way we respond to and engage with people affected by crime in the ACT.
- Heidi Yates is the ACT Victims of Crime Commissioner. victimsupport@act.gov.au
