women victims of crime beulah shekhar

Working with the Police and the
Judiciary to ensure Safe Spaces for
Women Victims of Crime
by Dr.Beulah Shekhar
beulahshekhar@yahoo.com

Our lives begin to end the day we
become silent about things that
matter- Martin Luther King
And victims do matter to all of
us , that is why we are all here !

 What is a safe space for women ? A Safe space for a woman is a place

where she can relax and be fully self-expressed, without fear of being made
to feel uncomfortable, unwanted, or unsafe on account of her gender, race,
religion ethnicity, cultural background age, or physical and mental ability. It
is a place where the rules guard each person’s self-respect and strongly
encourage everyone to respect others.


THIS WHAT THE UN DECLARATION ON VICTIMS, ENVISAGES THE POLICE STAIONS AND THE
CRIMINAL COURTS TO BE FOR WOMEN VICTIMS !

 Why should a police station or a court be women friendly or we need to

make the Police stations and courts a safe space for women and girls who
are victims of crime ? Because she deserves a safe space to redress her
grievances , on her path to recovery, reparation and in her pursuit for justice
 The key findings of prison studies show that
 Victims can become offenders because of their experience.
 Causes could include carrying out retaliation on the offender, or against
others in a displaced show of strength or emotion.  
  Two-thirds of sex offenders in prisons victimized a child. who do not get
justice turn offenders and when they do not cope with their victimization seek
their own justice turn around and become offenders
 Hence ‘VICTIM ASSISTANCE IS CRIME PREVENTION ALSO -

The Need to Sensitize the Police and the
 Victim is the gate keeper of the Judiciary
Criminal Justice System ( legislative,

enforcement, judicial & correctional wing )
 The Police and Judiciary are the front line professionals dealing with the Victims
 There is a lack of access to Justice for victims of crime in the present Criminal
Justice System

due to the Secondary Victimization by the Criminal Justice

System
 There is need for a shift of focus from delivery of Justice to the accused to the
Justice to victim and prevent Secondary Victimization by the CJS
 Victims are loosing faith in the Criminal Justice System
 If Victims turn away from the System the Criminal justice system as we know it
today, will become non functional
 VICTIMS WILL TAKE LAW INTO THEIR OWN HANDS AND SEEK JUSTICE ELSE
WHERE !

The key UN Documents that will be
highlighted today are the:
 The UN Declaration of Basic Principles of Justice for Victims of
Crime and Abuse of Power 1985 …. Which is truly the ‘magna carta ’ for

victims & provides the basic framework of principles which in the last two
decades have been vociferously debated and converted as victims’ rights by
some of the developed countries.
 The Handbook on Justice to Victims – Deals with the use and
application of the UN Declaration The Handbook on Justice to Victims was
prepared by a group of experts from more than 40 countries by the Office
for Victims of Crime in the Department of Justice and the Ministry of Justice
in the Netherlands. The document was developed in cooperation with the
United Nations Office at Vienna, Centre for International Crime Prevention,
Office for Drug Control and Crime Prevention
 The Guide for Policy makers

The Declaration of Basic
Principles of Justice for
Victims of Crime and Abuse of
Power
 The General Assembly adopted the
Declaration on 29 Nov. 1985
 This Declaration is descendant to the UN
Universal Declaration of Human Rights

adopted in 1948
 This Declaration gives victims a legitimate
place in the universal agenda of Human Rights

The Two Parts of the
Declaration

 For Victims of Crime:

Definitions for national norms
Access to justice and fair treatment
Restitution, compensation, and assistance

 For Victims of Abuse of Power:
 Definitions for national and international norms
 Access to justice, fair treatment
 Restitution, compensation, and assistance
 Multilateral international treaties
 Special legislation

Ten Basic Principles of Justice for Cri
Victims as per this Instrument

Justice is served only if Victims of crime are

 Treated with COMPASSION AND RESPECT
 Given the required INFORMATION (on rights in proceedings and
explanation of progress)
 Allowed to PRESENT THEIR VIEWS TO THE COURT
 Have access to FREE LEGAL AID/ ADVICE
 Are assured PROTECTION OF PRIVACY AND PHYSICAL SAFETY
 Have a choice of an INFORMAL DISPUTE RESOLUTION
 Are given SOCIAL AND MEDICAL ASSISTANCE
 Are given RESTITUTION BY THE OFFENDER & / OR
 Are given COMPENSATION BY THE STATE
 Receive CAPACITY BUILDING & COOPERATION they need in
their pursuit of Justice

The Handbook on
Justice for Victims

 Section 1 – Impact of Victimization
 Section 2 – Victim Assistance
 Section 3 – The role and Responsibility of Front

Line Professionals to Victims
 Section 4 – Advocacy, Policy Making & Law Reform
 Section 5 – Working together at the International

Level

The courtroom is the focal point of the entire
Criminal Justice System. . .
The judge who presides over a court becomes
not only the final arbiter of each evidentiary
and procedural issue, but also establishes the
tone, the pace, and the very nature of the
proceedings……..
Particularly for the victim, the judge is the
personification of justice.
…………………….Lois Haight

Chair of the 1982 President’s Task Force on Victims of
Crime

The Guide for Policy Makers on
Implementation
 39 page companion to Handbook
 Defines tasks to achieve the goals of the Declaration
 Encourages governments to develop & support

programs
 Reminds policy makers that victims deserve respect

for their dignity, privacy and security
 Stresses importance of establishing partnerships

with all agencies

Functions of the Police and the
Judiciary as Frontline Professionals
 Police and Judiciary as part of the Criminal

Justice System are frontline professionals
 A woman victim of crime has to deal with the
police and judiciary in the immediate
aftermath of the crime
 The victim’s first interaction with the police
and judiciary is crucial to how she copes and
recovers on the road to the Justice

Police Stations- haven or
hell?
Custodial Rape/ femicide
– a recent disturbing trend in
many countries- India, Pakistan, Bangladesh, Mexico,
Guatemala and even developed countries like UK and USA
where victim laws are in place
Two New York City Police officers were arrested in April 2009 for
rape, burglary and misconduct towards a 29-year old drunk woman
whom they escorted to her apartment in response to a 911 call
from a cab driver.
In 2006 in a civil unrest in San Salvador Atenco, Mexico, there was

excessive use of force and firearms by hundreds of state police. The
National Human Rights Commission in its investigations found that

 A detention officer based at Kendal police station, UK has been jailed
for five years for committing a number of child sex offences.
 The Guatemalan army, paramilitary (civilian defense patrols) and
police used rape and violence against women as a weapon of war.
 In Bangladesh it has been reported that Policemen are regularly
implicated in rape cases, but never charged with the crime. Rights
organization say reasons include patriarchal norms and sometime
when the victim is poor they are often silenced by money
 In India rape in police custody is regularly reported. The state of Uttar
Pradesh in North India has acquired a notorious reputation where
women are being victimized in large numbers. A rape, often of minor
girls is reported every day in the media. Last month a 14-year old girl
was reported raped and murdered in a police station.

Judges – Paragons of
(In)Justice
 A convicted rapist will not go to jail because a Manitoba

judge says the victim sent signals that "sex was in the
air" through her suggestive attire and flirtatious conduct
on the night of the attack
 Empirical studies of judicial attitudes by legal scholars
and social scientists confirmed that male judges tended
to adhere to traditional values and beliefs about the
"nature" of and proper roles for men and women, and to
prefer conformity to traditional and familiar
institutions and roles (Wikler, 1980)

 A study on the Judicial attitude towards Rape in India
mentions several Supreme Court decisions that were openly
insensitive and unjust.
 Judges acquitted the accused stating that the fear that led
a victim to passively submit to rape by two police
constables could not be conclusively proved as fear of
death or hurt;
 Judges reduced the sentence of a convicted rapist
because he was young and had a whole life ahead of him;
 Judges reduced the sentence of a group convicted of gang

rape because the gang rape did not seem to be
preplanned but only happened because the men gave
into their lust and lost control
 SO MUCH FOR VICTIM JUSTICE !!!!

 A Saudi judge said it is okay for a man to slap his wife for lavish spending at a
seminar on domestic violence, according to a report from Agence FrancePresse
 A survey in India (Shivakumar, 1999) with 109 judges to assess their
attitudes towards domestic violence showed that
48 per cent of them believed there were certain occasions when it was
OK for a man to slap his wife,
 74 per cent felt that the preservation of the family was more important
even if women faced violence,
 68 per cent believed that provocative clothes were an invitation to
sexual assault and
34 per cent thought dowry had inherent cultural values
 Hence, gender sensitisation is the need of the hour to change the mindset of
the judges to provide proper justice to the victims of domestic violence

Women as Victims of Crime

 Women hesitate to report crime

 Women as victims special needs as Victims that have to be

addressed
 Stark differences between National Crime Figures and

Victimization Survey Figures
 Dark figures of crime are increasing
 Need to increase the reporting of Crime and increase the faith

in the Criminal Justice System
 How do we as NGOs / Womens Organisations plug the gap in

services?

 The International Crime Victim Survey (ICVS) series developed
by the ICVS international working group is an International
victimization survey project set up
To fill the gap in adequate recording of offenses by the police
for purposes of comparing crime rates in different nations
 To provide a crime index independent of police statistics as
an alternative standardized measure.
The series has so far done five sweep of surveys in 1989,
1992, 1996, 2000 and 2005
 The European Crime and Safety Survey (EU ICS) is a tool for
measuring the volume and nature of crime in Europe. The EU ICS
consortium combines leading European research centres with a
proven track record of data collection and analysis

Reasons for Victim Dissatisfaction of Police Around
the Globe
Reasons for dissatisfaction with the police (percentages*for the last
incident in a period of five years) 2004-2005 ICVS and 2005 EU ICS from
‘Criminal Victimisation in International Perspective Key findings from the
2004-2005 ICVS and EU ICS’ by Jan van Dijk
Mentioned Reasons

Theft

Burgla

Robber

Sexual

Assaults All

ry

y

inciden

&

five

ts

Threats

crime

Did not do enough

63

68

68

63

71

s
66

were not interested

52

56

56

60

56

54

Did not find offender

55

58

56

58

42

54

Did not recover goods

52

49

36

Gave no information

44

44

40

49

37

42

Were impolite

20

25

29

34

25

22

Were slow to arrive

22

32

25

23

29

25

Other/don’t know

19

36

26

44

29

14

48

* Multiple responses were allowed, percentages may add up to more than 100%.

Based on the International Crime Victim Surveys and the European
Survey on Crime and Safety
 The main reason for dissatisfaction was that the police ‘did not do enough’
 The second cause for dissatisfaction was that the ‘police were not
interested’ – mentioned by about half
 The next most common complaint overall was that no offender had been
caught.
 Next , impoliteness on the part of the police was mentioned more often
 The fifth most common reason of dissatisfaction was that the police had
not given information (42%). One in five victims mentioned impoliteness
as a source of dissatisfaction. One in three of female victims reporting
sexual incidents
 Then complaint about lack of information made up 7% of all reasons given
in 1996 and 2000 and 12% in 2005. This upward trend in victims
complaining about lack of information can be observed in most countries
of the European Union.

 In a study that analyzed Victim counselling in an All Women’s Police
Station in a Town in South India one crucial finding was a strong
correlation between the victim’s satisfaction with the counselling
session and their response about the fear of police. The study
suggested that this correlation maybe because
The victim is satisfied with the counselling session as she does
not feel intimidated by the police
The victim feels that there is a person she can relate to who will
be of assistance and give her the emotional support that she
needs.
Victims satisfied with the counselling will be better inclined to
come and register a complaint in future thereby helping reduce
the dark figures of crime in the long run

The U.N Declaration On Basic Principles Of Justice For Victims Of Crime And Abuse Of
Power states that
 Judicial and administrative mechanisms should be established and
strengthened where necessary to enable victims to obtain redress through
formal or informal procedures that are expeditious, fair, inexpensive and
accessible
 Victims should be informed of their rights in seeking redress through such
mechanisms
 The Charter of the United Nations also reaffirms faith in fundamental human
rights, in the dignity and worth of the human person and in the equal rights of
men and women
 Despite several resolutions, declarations and recommendations adopted by the
United Nations and the specialized agencies promoting equality of rights of men
and women, extensive discrimination against women continues to exist

Article 2 of the CEDAW , the UN Convention on the Elimination
of All Forms of Discrimination against Women 1979
states that the ratifying parties shall
 Condemn all forms of discrimination against women by
adopting appropriate legislative measures, sanctions
prohibiting such discrimination
 Establish legal protection of the rights of women on an equal
basis with men and ensure through competent national
tribunals and other public institutions the effective protection of
women against any act of discrimination
 Ensure that public authorities and institutions shall act in
conformity with this obligation
 Take all appropriate measures, including legislation, to modify
or abolish existing laws, regulations, customs and practices
which constitute discrimination against women

 A woman victim of crime already traumatized by the
crime undergoes further Secondary Traumatization at
the hands of the system that she must confront to seek
redress
 Women victims continue to experience threat and
discrimination at the hands of police and in courtrooms
 Research has shown that dignity and healing of victims
depends on the respect and assistance extended to
them by frontline professionals like the Police,
prosecutors, victim advocates, legal aid providers,
judges, corrections personnel, medical staff and mental
health providers

THE U.N DECLARATION ON BASIC PRINCIPLES OF JUSTICE
FOR VICTIMS OF CRIME AND ABUSE OF POWER, 1985
On 29 November 1985, the General Assembly of the United
Nations adopted the Declaration of Basic Principles of Justice
for Victims of Crime and Abuse of Power based on the
conviction that victims should be treated with compassion and
respect for their dignity and that they are entitled to prompt
redress for the harm that they have suffered, through access to
the criminal justice system, reparation and services to assist
their recovery.

 The Proposed Draft UN Convention on Justice and Support
for Victims of Crime and Abuse of Power in its Preamble
recognizes that millions of people, including many women and
children, throughout the world still suffer harm as a result of
crime, abuse of power and terrorism, and that the rights of
these victims still have not been adequately recognized, and
that they may, in addition, suffer hardship when assisting in
the prosecution of perpetrators
 The Preamble further noted that it is necessary
 to provide victims of crime with better information, support
services, reparation from offenders, compensation from the
state and a role in criminal proceedings and
 to establish programs to protect victims of crime who are
vulnerable, for instance because of gender or age

The definition of Victims of crime as
per the UN Declaration

  "Victims" means persons who, individually or collectively, have
suffered harm, including
 physical or
 mental injury,
 emotional suffering,
 economic loss or
 substantial impairment of their fundamental rights,

through acts or omissions that are in violation of criminal laws
operative within Member States, including those laws proscribing
criminal abuse of power.

The UN Declaration states that victims of crime have a right to
Access to justice and fair treatment


Victims should be treated with compassion and respect for
their dignity



They are entitled to access to the mechanisms of justice
and to prompt
redress, as provided for by national
legislation, for the harm that they have suffered



For most victims and their families, the first contacts
with the authorities are with the police. If the perpetrator of
the offence cannot be apprehended (as in the case in the
majority of offences reported to the police), the interview by
the police is often the only contact with the authorities



The satisfaction of the victims with their treatment by the
police is an important measure of the victims’ satisfaction

The UN handbook on Justice for Victims prescribes
• Sensitization of the police and the judiciary to the needs of victims
by adequate training
• Training for police officers in victim issues should emphasize
awareness and empathy for victims and their needs
• Treating victims in a more sensitive and sympathetic manner
inevitably helps the police to do their job better by ensuring that
more information is provided and that the victim is more willing and
better able to become involved as a witness within the judicial
system

The Role and Responsibility of the Police to Victims
as per the Handbook on Justice for Victims
 On-site crisis intervention
 Emergency medical assistance
 Information about police procedures and investigation process
 Assistance to protect evidence
 Accompany the victims to emergency medical services
 Information about possible consequences of the crime on the
victim

 Information about victims’ rights and availability of compensation

 Referrals to victim assistance services
 Ensuring that the victim is personally contacted by telephone
or in person 24 to 48 hours following the initial response in
order to see whether assistance has been sought and/or
received
 Ensuring that the property of the victim is secured so that
personal safety is not compromised as a result of crime
 Establishing procedures to ensure that victims of violent
crime are periodically informed of the status of investigations
 Establishing protocols for proper detention and investigation
of suspects in order to protect the safety of victims.

U.N declaration states that the responsiveness of judicial and administrative
processes to the needs of victims should be



Informing victims of their role and the scope, timing and progress of the
proceedings and of the disposition of their cases, especially where serious
crimes are involved and where they have requested such information

 Allowing the views and concerns of victims to be presented and considered
at appropriate stages of the proceedings where their personal interests are
affected, without prejudice to the accused and consistent with the relevant
national criminal justice system

 taking measures to minimize inconvenience to victims, 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
 Judicial and administrative mechanisms should be established and
strengthened where necessary to enable victims to obtain redress through
formal or informal procedures that are expeditious, fair, inexpensive and
accessible
 Victims should be informed of their rights in seeking redress through such
mechanisms

The Roles and Responsibilities of the
Prosecution to Victims
 Keep victims informed and involved by providing information
about the criminal justice system and proceedings, status of
cases and coordinating with the judiciary
 Providing a waiting area for victims and witnesses and their

families in the courthouse that is separate visually and audibly
from the offender. These areas should be “child-friendly” and
safe and secure, where feasible
 Establish agreements with non governmental organizations to

provide services such as victim-alert programs, coordinating

witness appearances, information about availability of restitution

 Continue assistance to victims after conviction
of the offender
 Respect and recognition for victims
 Providing victims with information
 Special services and support
 The ordering of restitution
 Victim participation / VICTIM IMPACT STATEMENT
 Support Persons accompanying victims
 Protection of the victim
 Protection of special categories of victims
 Architecture and use of space in court buildings

International trends towards improving the response of
the Criminal Justice system towards Victims of Crime as
per the Guide for Policy Makers
Guidelines for the police and judicial authorities that stipulate the proper
treatment of victims
 Introduction of a comprehensive victim bills of rights

 Simplify procedures in the administration of justice and to promote genera
awareness of the availability of various mechanisms for obtaining justice
and redress
 Designating particular police officers, prosecutors and judges to be

responsible for victim issues in general or for matters relating to particular
victims

 Establishing special sections in bar associations that focus on victim issues

 Setting up separate victims’ affairs offices, for example at police stations
or in court
 Examining legal procedures in order to ensure the availability of judicial
review. For example In Germany and Mexico the victim is permitted to

request that a superior prosecutor or a court review the decision. In Austr
and Finland the victim is
allowed to prosecute directly

 Victims are increasingly being provided, where appropriate, with a choice
of proceeding with criminal, administrative, civil or informal measures

 The establishment or expansion of the possibility of presenting civil claim
in connection with criminal proceedings.
 This possibility is available in a great number
of jurisdictions, for example as “partie civile” (in French-based systems)
or

 In Mexico neglect by the prosecutor or the court to take into
consideration the right of the victim to claim redress in
criminal proceedings may lead to administrative sanctions
 The Indian Experience - Creation of a Victim Assistance Fund
scheme in the state of Tamil Nadu in India that provides
monetary help to victims of homicide or their bereaved
relatives, victims of serious physical injuries including rape,
and victims of grievous hurt
 In Austria Victims may submit evidence, suggest questions
that may be asked of the defendant or of witnesses, and
comment on statements and evidence submitted to the court
 USA provides the victim a right to be heard on the appropriate
sentence of the defendant and on their release from prison on
parole

 In Finland and India the laws on cost-free legal proceedings also apply to

victims in the case of need
 Most countries in western Europe, Australia, Canada, Hungary, Poland and the

United States have established such programmes in close cooperation with
law enforcement agencies, who are often the victim’s first contact with
persons of authority
 In Finland and the United States a social worker or a specially trained

volunteer is arranged to accompany the police officer when responding, for
example, to domestic disturbance calls and when informing family members
of a violent crime
 Portugal and the United States have experimented with victim/witness

programmes based in the prosecutors’ offices or, since social workers are
often present in court and see all parties requesting help, in probation services

Some measures taken in different jurisdictions to minimize inconvenience to
victims include:
 If the property of the victim (such as stolen property or soiled clothing) is
required as evidence, photographs can be taken or sworn statements
prepared by the investigating officer. The property can then be restored to
the victim, unless a formal objection is made
 Immediate reimbursement to the victim of expenses involved in
participating in the police investigation and attending proceedings,
pending the determination of guilt and the final allocation of responsibility
for the costs
 Special consideration as to whether the testimony of a witness is required
at a court session and, if so, whether the summons could indicate more
closely the actual time at which the case would be heard

 Denmark, Finland, Norway and Sweden have created a position of “support
persons” whose services are paid by the State and who, in such serious
cases as sexual assault, accompany the victim throughout the process, from
the first contacts with the authorities to the implementation of the decision
 Arrangements for sustenance, child care facilities and other conveniences
while waiting in court and the possibility of separate waiting room
facilities to avoid undue contact with the suspect or with the suspect’s
relatives and acquaintances
 Reviewing the possibility of in camera proceedings or, for example, the
provision of videotaped testimony or the use of one-way mirrors where
this would encourage the victim to speak more freely, as in the case of
victims of sexual assault or child victims;
 The appointment of child advocates, who are mandated by the court to
represent the interests of the child victim

Towards Safe Spaces for Women Victims of
Crime- All Women Police Stations
 A pioneering initiative of the state of Tamil Nadu
in India (though the first one was opened in
Calicut in 1973). At the World level the first
AWPS was set up in Brazil in 1985. The first
AWPS in Tamil Nadu was opened in 1991.
 Since its commissioning in 1991 the number of
AWPS in India has grown to 524 (National Crime
Records Bureau 2009)
 An AWPS is manned? operated by one woman
Sub-Inspector and two women police constables

An All Women Police
Station

An all-women staff
operates the customer
counter at the South
Indian food store

A Woman Police
Sub-inspector talks
to a couple involved
in a domestic
dispute

Brazilian Initiative to Encourage
Reporting by Women Victims

An All Women Police
Station in Brazil

Aims of All Women Police
 Provide immediateStations
relief to women in distress
 Rescue girls and missing children,
 Assist policemen in the raids to curb immoral trafficking
 Public order duties at large gatherings where women
congregate
 Investigate crime cases against women under Indian
Penal Code, Dowry Prohibition Act, Tamilnadu Prevention
of Women Harassment Act, Domestic Violence Act, Child
Marriage Act, Medical Termination of Pregnancy Act,
Child Labour act, Juvenile Justice act, Prevention of
Immoral Traffic Act
 Provide 24x7 women helpline and child helpline services

Towards Safe Spaces for Women
Victims of Crime- Mahila/ Family
Courts
 Designation of courts to deal exclusively with cases relating
to offences against women
 Headed by District and Sessions Judges for speedy trial and
disposal of cases of offences committed against women and
also cases under other social laws enacted by the Central
and State Governments for the protection of women
 To ensure that the these places are manned by trained
personnel who are sensitized to the needs of women as
victims of crime.

Aims of Women's /Mahila/ Family
Courts
 To promote conciliation and secure speedy settlement of disputes relating to
offences against women , family affairs and for matters connected
 To ensure that persons who are appointed to these y courts are committed to
the need to protect women and ensure that the court is a safe space for
women and to promote the settlement of disputes by conciliation and
counselling
 Preference of women as mahila /Family Court judges
 To associate with institutions engaged in promoting welfare of families,
especially women and children, or working in the field of social welfare
 To facilitate satisfactory resolution of disputes concerning the women through
a forum that works expeditiously and in a just manner and with an approach
ensuring maximum welfare of society and dignity of women

The Road Ahead………………

 To advocate that training in Victimology and victim assistance be included in
the academic syllabus of every Police and Judicial academy
 Victimization surveys in order to assess the magnitude of the problem in
realtion to the dark figures of crime.
 Involvement of the YWCAs and other NGOs in training at the Police academies
and judicial academies
 Sensitization , skill development and capacity building of officers and
functionaries
of NGOs, civil societies.
 Research on need of victims in every country
 All services provided to victims should be need based
 To initiate the setting up of National Societies of Victimololgy to work with the
World Society of Victimololgy which has a consultative status with the UN and
hence the ability to affect the much needed change in the treatment of victims

Knowledge is power – this is the
Motto of The Manonmaniam
Sundaranar University
Now we have the knowleedge of the UN declaration for
Victims , and hence the power to make a difference in
the life of Women who are victims of crime in out
cities, when we return from Jakarta

Thank you
Dr. Beulah Shekhar
Manonmaniam Sundaranar
University
Tamil Nadu, India