Miren Špek
Why Are Victim’s Individual Needs and Risk Assessments Essential to Their Support and Protection
Crime is not only a wrong against society, it is also a violation of victims’ individual rights. Victims of crime should therefore be recognised and treated in a respectful, sensitive, and professional manner without discrimination of any kind or for any reason. Generally, the State in which a crime took place is responsible for the victim, as it was unable to protect them, either through a lapse in security or social order, or it failed to ensure their access to justice, compensation or restoration. While Directive 2012/29/EU of the European parliament [establishes the] minimum standards on the rights, support, and protection of victims of crime, some victims remain at risk of secondary and repeat victimisation, of intimidation and of retaliation by the offender during criminal proceedings. Such risk may derive from the victim’s personal characteristics or the type, nature, or circumstances of the crime. Only by carrying out individual assessments[1], at the earliest opportunity, can such risks be identified effectively.
Professional literature (legal and psychological) and EU legislation on this matter[2], strongly recommend that individual needs and/or risk assessments should be carried out for all victims to determine whether they are at risk of secondary and repeat victimisation, intimidation or retaliation, and what special protection measures they may require. By assessing victims’ needs and risks, the police, prosecution or court officials can “tailor” protection measures to suit the individual victim, as well as their professional and private circumstances. It will also make adjustments for victims’ children or other family members. Furthermore, if a victim is injured, they will need medical assistance; or if the individual is a hate crime victim, they will require focused data protection policies[3] and measures.
Tailored protection measures must be practical in their enforcement and easy for the victim to live with. Victims’ concerns and fears in relation to proceedings should be a key factor in determining whether they need specific measures.
Once a victim’s needs have been identified, the next step is to put in place the appropriate protection or support; this is achieved through use of referral mechanisms and sharing assessment outcomes. Some European support organisations have much experience in providing victims with protection and support. They offer psychological and psychosocial support, primary legal aid and may cover victims’ court representation (attorneys-at-law) expenses, (safe) accommodation, psychotherapy, accompaniment during criminal proceedings, etc.[4]
Protection measures must be developed for each of the stages the victim encounters: such as during or after a trial/procedure. Police officers should conduct a risk assessment to determine whether a victim is in danger of intimidation or victimisation[5]. Investigations should establish whether contact between victims and the accused can be avoided in venues where both may be present as a result of victimisation.
A range of measures can be put in place to protect a victim while giving testimony in court or at the prosecutor’s office: visual contact between victims and defendants can be minimised before, during and after the giving of evidence by use of audio-visual communication technologies or by screening the victim in the courtroom; and unnecessary questions on the victim’s private life should be avoided. However, once the trial process is concluded, there may still be a need to protect the victim, witnesses, or other family members.