John P. J. Dussich, Ph. D.Tokiwa International Victimology Institute

“Victimology & Victim Assistance”LPSK

Bogor, IndonesiaMarch 28, 2013

The Beginnings of The Beginnings of Professional Victim Professional Victim

Assistance Assistance Persons victimized by crime often reach Persons victimized by crime often reach

out for help to those out for help to those most like most like themselvesthemselves (i.e. other crime victims). (i.e. other crime victims).

In most countries victim assistance In most countries victim assistance groups started out primarily as groups started out primarily as support support services services and, along with other similar and, along with other similar groups, became an organized voice for groups, became an organized voice for social change.social change.

The Importance of Early The Importance of Early Public Awareness & Support Public Awareness & Support

Public Public demonstrations.demonstrations. Public Public educationeducation through through

written and online written and online information and programs. information and programs.

ProfessionalProfessional education & education & training: academies, in-training: academies, in-service, conferences & on service, conferences & on the job. the job.

CommunityCommunity meetings. meetings.

The Role of Victims’ The Role of Victims’ Rights as an Early Goal Rights as an Early Goal New laws as a rallying New laws as a rallying

activity toward legitimacy.activity toward legitimacy. Evolution of specific Evolution of specific

“victims’ laws” enable “victims’ laws” enable starting small.starting small.

Legislating new laws draws Legislating new laws draws attention and supportattention and support..

Laws mandate needed actions Laws mandate needed actions & become “stepping stones” & become “stepping stones” for the future. for the future.

The Final Challenge The Final Challenge for Victims’ Rightsfor Victims’ Rights

In spite of a large body of new victim laws, In spite of a large body of new victim laws, many are many are not being upheldnot being upheld and most nations and most nations have still not enacted fundamental have still not enacted fundamental participatoryparticipatory reforms such as: reforms such as:

ConsultationConsultation with prosecutors, victim with prosecutors, victim inputinput in in pre-trial release, pre-trial release, protection protection of victims from of victims from intimidation and harm, and intimidation and harm, and rights for victims of rights for victims of juvenile offendersjuvenile offenders

Victims still need Victims still need “legal standing” “legal standing” so that judges so that judges uphold the prosecution of violators of these rights. uphold the prosecution of violators of these rights.

The US Experience Shows How The US Experience Shows How the Synergy of Victims’ Rights, the Synergy of Victims’ Rights,

Policies & Programs Led to Policies & Programs Led to SuccessSuccess

19651965 – A new law created 1st crime victim – A new law created 1st crime victim compensation program in compensation program in CaliforniaCalifornia

1968 1968 – Omnibus Crime & Safe Streets Act– Omnibus Crime & Safe Streets Act 19721972 – First 3 victim assistance programs – First 3 victim assistance programs

were createdwere created 19741974 – First law enforcement-based victim – First law enforcement-based victim

assistance programs are established assistance programs are established (victim advocate) in (victim advocate) in FloridaFlorida

The US Experience continues…The US Experience continues…

19751975 – First “Victims’ Rights Week” – First “Victims’ Rights Week” is organized by the Philadelphia DAis organized by the Philadelphia DA

19761976 – National Organization for – National Organization for Victim Assistance (NOVA)Victim Assistance (NOVA)

19791979 – Frank Carrington (“father of – Frank Carrington (“father of victims’ rights movement”) victims’ rights movement”) founded VALORfounded VALOR

19801980 – MADD is founded & – MADD is founded & changed many laws related to changed many laws related to drunk drivingdrunk driving

The US Experience continues…The US Experience continues…

19811981 – Ronald Reagan is first President – Ronald Reagan is first President to proclaim “to proclaim “Crime Victims’ Rights Crime Victims’ Rights WeekWeek” in April” in April

19821982 – President’s – President’sTask Force on Victims Task Force on Victims of Crime of Crime offers 68 recommendations offers 68 recommendations that become the framework for new that become the framework for new programs & policies; programs & policies; recommend recommend amending the 6amending the 6thth Amendment of the Amendment of the U.S. ConstitutionU.S. Constitution

The US Experience continues…The US Experience continues…

19821982 – – CaliforniaCalifornia passes passes Proposition 8Proposition 8 which which guarantees restitution guarantees restitution to to victimsvictims

19821982 – MADD’s First Victim Impact Panel – MADD’s First Victim Impact Panel 19821982 – OVC is created in Wash. D.C. – OVC is created in Wash. D.C. 19841984 – Passage of VOCA law – Passage of VOCA law 19841984 – – CSUF launches first Victim CSUF launches first Victim

Services Certificate ProgramServices Certificate Program

The US Experience continues…The US Experience continues…

19851985 – National Victim Center is – National Victim Center is founded in honor of Sunny von Bulowfounded in honor of Sunny von Bulow

19851985 – – UN General Assembly UN General Assembly passes the passes the Declaration of Basic Principles of Justice Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Powerfor Victims of Crime and Abuse of Power

19911991 – – CSUFCSUF approves first Bachelor’s approves first Bachelor’s Degree Program in Criminology with a Degree Program in Criminology with a Victimology optionVictimology option in the nation in the nation

The US Experience continues…The US Experience continues…

19921992 – – Rape in America: A Rape in America: A Report to the NationReport to the Nation by the by the National Crime Victims National Crime Victims Research and Treatment Center Research and Treatment Center (Charleston, SC authored by (Charleston, SC authored by Dean Kilpatrick, et al.)Dean Kilpatrick, et al.)

19961996 – Community Notification – Community Notification Act to register sex offenders Act to register sex offenders (“(“Megan’s LawMegan’s Law”)”)

Recommendations & Recommendations & StandardsStandards

Based on the collective wisdom of experts Based on the collective wisdom of experts in the field and organizations throughout in the field and organizations throughout the USA, comprehensive commendations the USA, comprehensive commendations were made that include the achievement were made that include the achievement of national standards for professional of national standards for professional victim assistance. These were embodied victim assistance. These were embodied in a publication: in a publication: New Directions from New Directions from the Field: Victim Rights and Services the Field: Victim Rights and Services for the 21for the 21stst Century, Century, May 1998.

Recommendation from the Recommendation from the Field for Victims’ RightsField for Victims’ Rights

1.1. Constitution should be amended Constitution should be amended to:to: Establish consistent rights for victims in every state and at the Establish consistent rights for victims in every state and at the

federal levelfederal level Ensure that courts balance the rights of victims and defendantsEnsure that courts balance the rights of victims and defendants Guarantee victims the right to participate in proceedingsGuarantee victims the right to participate in proceedings Enhance the participation of victims in the criminal justice Enhance the participation of victims in the criminal justice

processprocess An amendment may be the only legal measure strong enough An amendment may be the only legal measure strong enough

to ensure that the rights of victims are fully enforcedto ensure that the rights of victims are fully enforced

Recommendation from the Recommendation from the Field for Victims’ RightsField for Victims’ Rights

2.2. Victims should have the Victims should have the right to be notified right to be notified about public about public court proceedings in a timely fashion.court proceedings in a timely fashion.

Many victims are not informed of plea agreementsMany victims are not informed of plea agreements Notification of victims when defendants are released from Notification of victims when defendants are released from

custody – this can mean the difference between life and custody – this can mean the difference between life and death for some victims and their familiesdeath for some victims and their families

3.3. Victims should have the Victims should have the right to be present right to be present throughout all public court proceedingsthroughout all public court proceedings

Issue of sequestering victims because they Issue of sequestering victims because they are potential witnesses are potential witnesses

This is a fundamental rightThis is a fundamental right

Recommendation from the Recommendation from the Field for Victims’ RightsField for Victims’ Rights

4.4. Meaningful Meaningful consultation with prosecutors consultation with prosecutors before major before major case decisionscase decisions

A lack of communication about proposed plea agreement A lack of communication about proposed plea agreement continues to be the highest source of victim dissatisfactioncontinues to be the highest source of victim dissatisfaction

5.5. The The right to be heard right to be heard in major court proceedingsin major court proceedings

6.6. The The right to reasonable protectionright to reasonable protection Protection from intimidation, harassment, and Protection from intimidation, harassment, and

retaliation by offendersretaliation by offenders Mandated “no contact” orders as a condition Mandated “no contact” orders as a condition

of bail of bail Separate waiting areas for victims in the Separate waiting areas for victims in the

courthousecourthouse

Recommendation from the Recommendation from the Field for Victims’ RightsField for Victims’ Rights

7.7. Mandatory full restitution Mandatory full restitution for crime victimsfor crime victims 1996 – Mandatory Victim Restitution Act1996 – Mandatory Victim Restitution Act

8.8. Right to disposition of proceedings free from Right to disposition of proceedings free from unreasonable delayunreasonable delay

Ensures speedy trials for viEnsures speedy trials for victims too, not just ctims too, not just offendersoffenders

9.9. Right to a full range of services and supportRight to a full range of services and support for for recoveryrecovery

Regardless of whether the crime is reported, victim Regardless of whether the crime is reported, victim should have emergency and ongoing servicesshould have emergency and ongoing services

10.10. Victims should have the Victims should have the same fundamental rights same fundamental rights in juvenile justice proceedingsin juvenile justice proceedings

Recommendation from the Recommendation from the Field for Victims’ RightsField for Victims’ Rights

11.11. All agencies should help ensure that All agencies should help ensure that victims receive victims receive information about their rightsinformation about their rights

12.12. Victims should receive Victims should receive assistance in exercising assistance in exercising their participatory rightstheir participatory rights

13.13. States should review victims’ rights States should review victims’ rights statutes statutes and constitutional amendmentsand constitutional amendments

14.14. States should adopt truth in States should adopt truth in sentencing reformssentencing reforms

Victims, as well as the public, are Victims, as well as the public, are entitled to know how long the offender entitled to know how long the offender will actually be incarcerated will actually be incarcerated

Recommendation from the Recommendation from the Field for Victims’ RightsField for Victims’ Rights

15.15. Laws should Laws should prohibit employers from taking prohibit employers from taking adverse action against victims who must miss adverse action against victims who must miss workwork

Victims should, at minimum, have the same Victims should, at minimum, have the same protection as jury membersprotection as jury members

16.16. In relevant situations, In relevant situations, victims should have the right victims should have the right to be tested and to have the accused to be tested and to have the accused tested for the HIV virus and tested for the HIV virus and sexually transmitted diseases sexually transmitted diseases

17.17. Laws should allow agencies to Laws should allow agencies to facilitate community impact facilitate community impact statements statements

Recommendation from the Recommendation from the Field for Victims’ RightsField for Victims’ Rights

18.18. Victims should be able to enforce their Victims should be able to enforce their rights, and sanctions should rights, and sanctions should be applied to those who deny be applied to those who deny those rightsthose rights

19.19. Compliance enforcement programs, Compliance enforcement programs, sometimes called victim ombudsman sometimes called victim ombudsman programs, should be created programs, should be created

20.20. Federal crime victims’ rights should Federal crime victims’ rights should apply to military proceedings apply to military proceedings

21.21. Indian tribes should enhance their Indian tribes should enhance their

fundamental rights for Native American fundamental rights for Native American victimsvictims

Recommendation from the Recommendation from the Field for Victims’ RightsField for Victims’ Rights

22.22. Victims should have rights at administrative Victims should have rights at administrative proceedingsproceedings, including having someone , including having someone accompany them, the right to input, and the right to accompany them, the right to input, and the right to notification of the sanctionnotification of the sanction

23.23. Criminal justice agencies should monitor Criminal justice agencies should monitor their own compliance with victims’ rights their own compliance with victims’ rights law law and perform independent auditsand perform independent audits

24.24. Offer continued education for Offer continued education for professionals regarding victims’ right, professionals regarding victims’ right, needs, and services needs, and services

25.25. The The development of new fundingdevelopment of new funding

Conclusions: Conclusions: SynergySynergy in in ActionAction

Professional victim assistance Professional victim assistance has been has been and should be lead by victims’ rights laws and should be lead by victims’ rights laws and by recommendations from practices in and by recommendations from practices in the field.the field.

Although these 25 recommendations were Although these 25 recommendations were created just over a decade ago, they are still created just over a decade ago, they are still valid and are still being followed today.valid and are still being followed today.

They represent high They represent high national standards national standards in in the service to the service to crime victimscrime victims who also who also deserve a “seat at the table of justice.” deserve a “seat at the table of justice.”

Terima kasihTerima kasih