The Rights of Victims (VCE SSCE Legal Studies): Revision Notes
The rights of victims
While victims are not formal parties in criminal proceedings, the Victorian legal system recognises their important role and ensures they are treated with respect and dignity throughout the criminal justice process. This recognition stems from an understanding that crime affects victims significantly, and they deserve certain protections and information as participants in the system.
Introduction to victims' rights in Victoria
The legal framework protecting victims in Victoria centres on the Victims' Charter Act 2006 (Vic), commonly known as the Victims' Charter. This legislation establishes fundamental principles for how victims should be treated and what information they should receive during criminal investigations and prosecutions.
The Victims' Charter represents a comprehensive legislative framework that formally acknowledges the role of victims in the criminal justice system and sets standards for how they should be treated by various agencies and institutions.
Key objectives of the Victims' Charter
The Victims' Charter aims to achieve several important goals. First, it formally recognises the impact that crime has on victims, acknowledging that criminal offences cause real harm that extends beyond the immediate incident. Second, it establishes that victims should be offered specific information throughout the investigation and prosecution process, ensuring they are not left in the dark about cases that directly affect them. Third, the legislation seeks to reduce the likelihood of secondary victimisation - additional trauma that victims may experience through their interactions with the criminal justice system itself.
Understanding Secondary Victimisation
Secondary victimisation refers to the additional trauma or harm that victims may experience not from the crime itself, but from their interactions with institutions and individuals within the criminal justice system. This can include insensitive questioning, lack of information, feeling disbelieved, or being excluded from proceedings that affect them.
Who qualifies as a victim?
The Victims' Charter defines "victim" broadly to ensure comprehensive protection. A victim is a person who has suffered directly or indirectly as a result of a crime. Depending on the nature of the criminal offence, different people may qualify as victims:
The primary victim is typically a person who has suffered injury as a direct result of a criminal offence. However, the definition extends beyond this to include family members in specific circumstances:
- If someone has died as a direct result of a criminal offence, their family members are recognised as victims
- When a person under 18 years of age or someone incapable of managing their own affairs due to mental impairment has suffered injury from a criminal offence, their family members are also considered victims
- Children under 16 who have been groomed for sexual conduct, along with their families, fall within the victim definition
Enforceability of the Victims' Charter
Critical Limitation of the Victims' Charter
While the Victims' Charter sets down important principles such as respectful treatment, privacy protection, and information provision, a breach of these principles does not automatically entitle the victim to take civil legal action to enforce them. The Charter works primarily as a framework of guidelines and standards for how agencies should treat victims, rather than creating directly enforceable legal rights through civil litigation.
The right to give evidence using alternative arrangements
When victims serve as witnesses in criminal cases, they may need to give evidence to support the prosecution's case against the accused. Recognising that this can be traumatic, particularly in sensitive cases, the Criminal Procedure Act 2009 (Vic) provides for alternative arrangements - different methods through which witnesses can give their evidence that may reduce stress and trauma.
Cases qualifying for alternative arrangements
The court has the power to direct that alternative arrangements be put in place for any witness giving evidence in criminal proceedings relating to charges for certain types of offences.
Qualifying Offences for Alternative Arrangements
Alternative arrangements are available for witnesses in cases involving:
- Sexual offences
- Family violence offences
- Offences involving obscene, indecent, or threatening language or behaviour in public
- Offences for sexual exposure in public places
Importantly, these arrangements can be implemented at any stage of the criminal proceeding, including during appeals or rehearings.
Types of alternative arrangements available
Several different alternative arrangements exist to accommodate the needs of witnesses in these sensitive cases. Understanding each option helps ensure the most appropriate support is provided.
One significant option allows witnesses to give evidence from a location other than the courtroom itself, using closed-circuit television (CCTV) or similar technological facilities. This arrangement enables communication between the remote location and the courtroom while the witness's evidence is recorded. This can be particularly valuable when the witness feels intimidated by the courtroom environment or the presence of the accused.
Physical barriers can also be employed through the use of screens that remove the accused from the direct line of vision of the witness. While the witness remains in the courtroom, they do not have to see the accused directly, which can reduce feelings of intimidation and anxiety.
Support Person Arrangements
Witnesses can choose a support person to sit beside them while they give evidence, offering emotional support during this stressful experience. The court must approve the chosen support person to ensure they are appropriate for this role.
Courts can also restrict who may be present in the courtroom when the witness is giving evidence, limiting attendance to only certain persons specified by the court. This can create a less intimidating environment and protect the witness's privacy during particularly sensitive testimony.
Additionally, the court can require modifications to the usual formal courtroom procedures:
- Legal practitioners may be required not to wear their traditional formal robes, making the environment feel less formal and potentially less intimidating
- Legal practitioners may be required to remain seated while questioning the witness, rather than standing, which can make the questioning feel less confrontational
Mandatory alternative arrangements in certain cases
While courts have discretion to order alternative arrangements in appropriate cases, some situations require the court to mandate specific arrangements.
Mandatory Use of CCTV for Complainants
When the witness is a complainant (a person who makes a formal legal claim that another person has committed a criminal offence against them) in criminal proceedings relating to sexual offences or family violence offences, the court must direct the use of closed-circuit television or similar facilities.
However, an exception exists if three conditions are met:
- The prosecution applies for the complainant to give evidence in the courtroom
- The complainant is able and wishes to do so
- The complainant is aware of their right to give evidence from another place
Purpose and importance of alternative arrangements
The fundamental purpose behind alternative arrangements is to reduce the trauma, distress, and intimidation that witnesses may experience when giving evidence. This is particularly critical in cases involving charges for sexual offences and family violence, where the original trauma and injuries suffered may be significant. In these cases, witnesses face a greater risk of experiencing secondary trauma simply from the process of giving evidence about what happened to them. By providing these alternative arrangements, the justice system seeks to balance the need for evidence with the welfare of witnesses who have already suffered harm.
Real-world application: High-profile case example
Worked Example: Victorian School Principal Sexual Abuse Case
A recent Victorian case demonstrates how alternative arrangements work in practice:
Background: A former school principal faced charges of sexually abusing three former students approximately 20 years earlier.
Committal Hearing (2021):
- The three complainants gave evidence in a closed court, which has become standard practice for sexual assault cases in Victoria
- The court remained closed for the entire day while the complainants testified
- Each complainant had a support person in the room providing emotional support during their evidence
- The court only reopened to media and other parties later that week when witnesses other than the complainants gave evidence
Trial Proceedings:
- The case proceeded to trial after the accused was committed to stand trial
- Not guilty pleas entered on all counts in February 2023
- Trial verdict in April 2023: guilty on 18 charges (including rape and indecent assault against two complainants), acquitted of nine charges (including all five relating to the third complainant)
Sentencing (August 2023):
- 15 years' imprisonment
- Non-parole period of 11.5 years
This case illustrates how alternative arrangements (closed court and support persons) are implemented in practice to protect vulnerable witnesses during sexual offence proceedings.
The right to be informed about the proceedings
The Victims' Charter recognises that people adversely affected by crime should receive certain information about both the specific criminal proceeding affecting them and the criminal justice system more generally. This right ensures victims can understand what is happening in their case and feel included in the process.
Information from investigatory agencies
The Victims' Charter places obligations on various agencies, including investigatory agencies (bodies conducting criminal investigations, such as Victoria Police), prosecuting agencies, and victims' services agencies. These agencies include police officers, the Director of Public Prosecutions (DPP), and the Victims of Crime Commissioner, whose role is to be a voice for victims of crime.
Information Agencies Must Provide
These agencies must provide clear, timely, and consistent information about:
- Support services available to victims
- Possible compensation entitlements
- Legal assistance available to persons adversely affected by crime
This ensures victims know where to turn for help and what resources exist to support them.
During the investigation phase, investigatory agencies must inform victims at reasonable intervals about the progress of the investigation into the criminal offence. This keeps victims updated about developments in their case.
Exceptions to Information Requirements
Two important exceptions exist where information does not need to be provided:
- If it may put the investigation at risk
- If the victim chooses not to receive that information
These exceptions balance the victim's right to information with the practical need to protect ongoing investigations and respect victims' wishes.
Information once prosecution commences
Once a prosecution has commenced, the Victims' Charter requires the prosecuting agency to provide victims with specific information:
- Details of the offences charged against the person, or if no offence is charged, the reason why charges were not laid
- Information about how they can find out the date, time, and place of the hearing of the charges
- Information about the outcome of the criminal proceeding, including any sentence imposed
- Details of any appeal lodged after proceedings conclude
- Notification that they are entitled to attend any court hearings
Rationale for information rights
These information requirements reflect the understanding that victims often wish to be kept informed about criminal cases that have affected them. They may want to know what offences the accused has been charged with, the final verdict, and what sanction was imposed. This information allows victims to see that justice is being pursued and provides closure. Being kept in the dark can compound the harm victims have suffered, while receiving information helps them feel respected and included in the process.
The right to be informed of the likely release date of the offender
For victims of particularly serious crimes, the Victims' Charter provides an additional right through the Victims Register. This register is a database maintained by the state of Victoria, set up to provide victims of violent crimes with relevant information about adult prisoners while they are in prison.
Eligibility for the Victims Register
A person who is a victim of a criminal act of violence may apply to be included on the Victims Register.
Qualifying Criminal Acts of Violence
The following offences qualify a victim for registration on the Victims Register:
- Rape and other sexual offences
- Aggravated burglary
- Kidnapping
- Culpable driving causing death
- Stalking
- Child stealing
- Offences involving assault or injury punishable by imprisonment
- Dangerous driving causing death or serious injury
- Failing to stop after a motor vehicle accident causing death or serious injury
These offences represent serious violent crimes where victims have a legitimate interest in knowing about the offender's imprisonment status.
Information provided through the Victims Register
Once registered on the Victims Register, victims may receive certain information about offenders who have been imprisoned:
Advance Notice of Release
Most importantly, victims receive notification of the release of the prisoner on parole (the supervised and conditional release of a prisoner after the minimum period of imprisonment has been served) at least 14 days before the release occurs. This advance notice allows victims to prepare mentally and practically for the offender's release and take any necessary precautions.
Other rights available to victims on the Victims Register include:
- The right to know the length of the sentence imposed
- The right to be told if the offender escapes from prison
- The right to make a submission if the imprisoned offender may be released on parole
These additional rights give victims ongoing involvement and information about the offender's status throughout their imprisonment.
Legal basis for release date information
This right to information about offender release stems from both the Victims' Charter and the Corrections Act, working together to ensure victims of violent crimes can stay informed about offenders who harmed them.
Summary of victims' rights
Key Rights Available to Victims in Victoria
The three key rights available to victims in the Victorian criminal justice system each serve important purposes and derive from different pieces of legislation:
1. Right to Give Evidence Using Alternative Arrangements
- Legal basis: Criminal Procedure Act 2009 (Vic)
- Applies to: Victims who are witnesses in sexual offence, family violence, and certain public behaviour cases
- Options available:
- Giving evidence via closed-circuit television or similar facilities
- Using screens between the accused and witness
- Having a support person present
- Limiting who can be in court during evidence
- Requiring legal practitioners not to wear formal robes
- Requiring legal practitioners to remain seated while questioning
2. Right to Be Informed About the Proceedings
- Legal basis: Victims' Charter Act 2006 (Vic)
- During investigation: Information at reasonable intervals about investigation progress (unless victim declines or it might jeopardise the investigation)
- Once prosecution commences: Information about charges laid, hearing dates and times, outcomes and sentences, details of any appeal
3. Right to Be Informed of Likely Release Date of Offender
- Legal basis: Victims' Charter Act 2006 (Vic) and Corrections Act
- Applies to: Victims of criminal acts of violence who register on the Victims Register
- Information provided: Likely release date of imprisoned offender (at least 14 days advance notice), plus other information about offender's imprisonment status
Remember!
Essential Points to Remember About Victims' Rights
-
Victims are not parties to criminal cases but are recognised as important participants deserving respect, dignity, and information throughout the criminal justice process.
-
The Victims' Charter Act 2006 (Vic) is the primary legislation protecting victims' rights, establishing principles for victim treatment and information provision, though breaches cannot be enforced through civil litigation.
-
Alternative arrangements for giving evidence (CCTV, screens, support persons, restricted attendance, no robes, seated lawyers) are available in sexual offence, family violence, and certain public behaviour cases to reduce witness trauma and intimidation.
-
Victims must be kept informed at reasonable intervals about investigation progress and, once prosecution commences, about charges, hearing details, outcomes, sentences, and appeals.
-
The Victims Register enables victims of serious violent crimes to receive advance notice (at least 14 days) of offender release on parole, plus other information about the offender's imprisonment status.