The Rights of Victims

Victims can be affected both physically and emotionally

Victim Impact Statement The Victims’ Charter enables a victim of an offence to make a statement to the court explaining how the crime has affected them. This can be used to help the court determine the sentence of the person found guilty of the offence. The emotional impact of the crime The physical impact of the crime The financial impact of the crime The social impact of the crime Persons other than the primary victim can also be eligible to make a victim impact statement.

The Victims Charter (2006) http://www.opp.vic.gov.au/Witnesses-and-Victims/Victims-Charter Sets out principles on how the Victorian criminal justice system should best respond to victims of crime.

Victims of Crime Assistance Tribunal (VOCAT) https://www.vocat.vic.gov.au/about-tribunal/ The Tribunal was established by the Victims of Crime Assistance Act 1996. The objectives of the Act are to: Assist victims of crime in their recovery by paying them financial assistance for expenses incurred, or reasonably likely to be incurred, by them as a direct result of the crime; To pay certain victims of crime financial assistance as a symbolic expression by the State of the community’s sympathy and condolence for, and recognition of, significant adverse effects experienced or suffered by them as victims of crime; and To allow victims of crime to have recourse to financial assistance under the VOCA Act where compensation for the injury cannot be obtained from the offender or other sources.

Victims of Crime Commissioner (VoCC) https://www.victimsofcrimecommissioner.vic.gov.au/ Can: advocate for the recognition, inclusion, participation and respect of victims of crime by government departments, Victoria Police and agencies responsible for conducting criminal prosecutions inquire into issues that victims may experience with the processes of government departments, agencies, victims service providers and the justice system report to the Attorney-General on issues that are likely to be ongoing and apply to many victims of crime advise the Attorney-General and government bodies on improving the justice system to meet victims’ needs.

Task Imagine you are advising a victim of crime. Summarise the key findings from each of the following websites: The Victims Charter Victims of Crime Assistance Tribunal (VOCAT) Victims of Crime Commissioner (VoCC) Complete a table summarising the rights of victims Search for a sample of a victim impact statement. How do you think this statement affected the decision of the judge when sentencing?