Trauma caused by the law and law enforcement
The Dylan Voller case illustrates the trauma that law and law enforcement cause offenders.
Although many recommendations have been made for specific protection for Aboriginal people under police interrogation, few have been implemented. The Northern Territory police have introduced safeguards for Aboriginal suspects in legislation and police standing
orders. The most extensive effort to provide protection to Aboriginal suspects is the Anunga Rules. They are guidelines formulated by the Northern Territory Supreme Court in
1976 for the questioning of Aboriginal suspects. Although they have been copied into police guidelines, they have not been incorporated into legislation. They are in force as precedent.
Volatile situations: The Rolfe Case
Volatile situations, such as the prison experiences of Dylan Voller or the shooting of Kumanjayi Walker in Yuendumu, may be caused by law enforcement workers being as (vicariously) traumatised as the offender.
During the Rolfe trial, a criminologist gave evidence that two of the three shots Rolfe fired at Walker were"excessive, unreasonable and unnecessary". Did Rolfe suffer from symptoms of (vicarious) trauma that caused this (over)reaction? This question did not surface incourt during the trial. This is not surprising because psychological trauma is difficult to prove in court. The question, however, is an interesting one: was it (vicarious) trauma that made Rolfe so trigger-happy? The coronial inquest after the trial found that Rolfe was taking antidepressants. During the same coronial inquest, text messages by Rolfe were found to be highly racist.
Victim trauma
Reactions to crime vary from emotional and psychological impacts to physical symptoms.139 Reactions may result in financial loss and tension within the family, leading to family breakdown. Being a victim of a crime may result in feelings of powerlessness, negatively impacting self-esteem and leading to isolation and PTSD. Not sufficiently addressing trauma in a community may lead to chronic post-traumatic stress disorder in its members.
Australia has ratified the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, which describes the right of the victim to respect and recognition. It states that victims must be recognized as such and that their suffering due to a wrongful act against them is acknowledged. Procedures and communications should be "victim sensitive", and those interacting with victims should act with empathy and understanding. Examples of disrespectful treatment include setting a trial date without consulting the victim first, not providing the victim with privacy during examination, or addressing the victim in a blaming way. It is equally important that indirect victims, such as family members, are treated with respect.
Many victims of crime in Alice Springs felt their suffering was not recognised by the Gunner government, especially after he said: “There is nothing to see here. There is no crime crisis. Victims of crimes were in the wrong place in the wrong time. Crime numbers are going
up everywhere. Businesses must protect their businesses sufficiently.”
The Declaration describes the protection of the victim. Processes should “minimize the inconvenience for victims”, to "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."
This clause is highly relevant to the Northern Territory with its high percentage of victims of domestic violence. Victims may be at ongoing risk or perceive that they are at ongoing risk from the offender and/or the friends and supporters of the offender. Victims may not feel able to report certain crimes if they perceive that their protection cannot be guaranteed. Victims' protection requires risk assessment. The police and correctional services play an important role in these. Victims must be protected against revictimization. Protocols should exist in
cases of stalking, domestic violence, and sexual offences.
The risk of recidivism is very high in the Northern Territory. Hence robust risk reduction strategies are urgently called for.
Victims must be protected from secondary victimisation, which is the harm that can be caused by those who respond to the victim within the criminal justice system, health
care settings, the media, social media and the community.
In these settings, victims may be blamed or disbelieved.
Victims often experience secondary victimisation during the criminal justice process by repeated and insensitive interviewing or having to face the offender. It is also
recognised that training and guidelines in institutions that work with victims can potentially reduce the risk of secondary victimisation.
On social media, victims are often blamed for not hiding their car keys well enough, for leaving bicycles and motorbikes outside, etc., and thus “inviting” victimisation and re-victimisation.
Paragraphs 14-17 of the Declaration state that “victims should receive the necessary material, medical, psychological, and social assistance through governmental, voluntary, community-based, and indigenous means.
They should be informed of the availability of health and social services and other relevant assistance. Police, justice, health, and social services should receive training to sensitise them to the needs of victims and guidelines to ensure proper and prompt aid. In providing services and assistance to victims, attention should be given to those with special needs because of the nature of the harm inflicted.” Early support may prevent complex problems,
such as PTSD, depression, substance misuse, loss of employment and debt.
The victim's right to access to justice and fair treatment should be a central obligation for governments.
Access to a procedural form of justice and fairness of proceedings implies the equitable application of justice procedures to victims.
Paragraphs 4-6 of the Declaration state that “judicial and administrative mechanisms should be established and strengthened to enable victims to obtain redress through formal or informal procedures that are fair, inexpensive, and accessible. Victims should be informed of their rights in seeking redress. The judicial system should inform victims of their role and the scope, timing, and progress of the proceedings and of the disposition of their cases; it should
allow the views and concerns of victims to be presented to the accused. It should avoid delays in the disposition of cases and executing orders or decrees granting awards to
victims. Mediation, arbitration and customary justice or indigenous practices should be utilised where appropriate to facilitate conciliation and redress for victims.”
An important right of victims is the right to information. Victims should be informed at the earliest stage and throughout the criminal justice process about the victim's role in procedures. They should be provided with information about where they can get further support and compensation. It is essential to ensure that victims understand the information that is given to them, and they should be provided with a contact person with whom to
discuss or clarify the information provided.
Procedural justice can be strengthened by training criminal justice system workers on trauma-informed practices and cultural competency, providing interpreting services for victims with limited language proficiency, and providing referral mechanisms that help victims access
services, including medical and psychological assistance and social support.
Article 12 of the Declaration specifies that: “when compensation is not fully available from the offender or other sources, States should endeavour to provide financial compensation to victims who have sustained significant bodily injury or impairment of physical or mental health as a result of serious crimes and the family, in particular dependents of persons who have died or become physically or mentally incapacitated as a result of such victimisation”.
It is the primary obligation of the offender, not the State, to redress the impact of crime vis-à-vis the victim. However, this does not occur when the offender is not identified or when the offender does not have the necessary funds.
The Declaration encourages the establishment of funds for compensation to victims. Efficient and tailored compensation schemes can be cost-effective because they reduce costs associated with the long-term consequences of crime. When the impact of crime is left untreated, this comes at a high price for the individual and for society.
Victims of certain kinds of crime are more likely to report the crime than victims of other kinds of crime. In Australia, petty crimes like bicycle theft often remain unreported. Car theft is likely to be reported because the victim is usually insured. Reasons for not reporting a crime in Alice Springs may include fear of retaliation; shame; a personal relationship between the victim and the offender; lack of trust in the criminal justice system; or for crimes with a relatively small impact, where the victim feels that the crime is not worth the effort of
reporting.
If we may believe Action for Alice 2020, there is a conspicuous lack of trust in the justice system in Alice Springs. Victim Impact Statements are read out in the trial to make victims' voices heard. Such statements may aid in the recovery of the victim, and make the offender aware of the impact of their crime, thereby contributing to rehabilitation and may play a role in determining the sentence. The court has no obligation to follow the victim's preference, which may cause further frustration.
In Alice Springs, the general perception of the court is that offenders are “untouchable” and get away with a “slap on the wrist”.
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