Latest update April 25th, 2024 12:59 AM
Nov 27, 2017 News
Special provisions have been outlined for vulnerable groups under the new guidelines on sexual offences matters. The booklet, which was released earlier this month, has outlined a number of provisions for persons who fit the criteria of survivor care and protection.
According to the document, the basic care and support services that can be mandated by the court to include provision of a supporter to be with the child or vulnerable complainant or witness during a forensic interview or subsequent interviews.
“Once a witness has been identified as vulnerable, there is potentially a long period before the trial takes place so that care support services will be needed and in some instances, witness protection services may also be needed.”
Additionally, the guidelines highlighted that these services should be meted out to any member of the Indigenous community, where there is evidence that the complainant has been ostracized or targeted for harm by persons within the community.
The services should also be considered where there are close family ties and the traditional mechani sms.
However, before a witness or complainant is considered vulnerable, a number of factors should be taken into consideration, including calls by the police or prosecution for special measures to be implemented to protect such persons.
“There should also be considerations and adequate provisions for complainants or witnesses with disabilities. The presence of any disability may impair the complainant or witness from giving evidence.”
The document stated that considerations should also be made as to what facilities will be needed to ensure they are able to give the best evidence possible.
Also, it is recommended that provisions be made for people with experiences that may cause traumatic, emotional or psychological distress to the complainant or witness.
“In the case of sexual offences, there is high likelihood that the sexual violence incident alleged has caused psychological and emotional trauma and that having to re- tell the intimate details of the event in the court may cause severe psychological distress to the complainant that may impair his or her ability to give evidence.”
The booklet further noted that owing to the repeated nature of the offence such as incidents such as stalking or several sexual assaults on a child may have caused disruption in everyday life as well as psychological or emotional trauma.
“All witnesses and those who may be vulnerable or in need of witness protection may require support before the trial.”
But a vulnerable witness and witnesses in need of protection will require additional services.
“The question of whether a witness is vulnerable shall be considered at first and all subsequent pre- trial hearing may be raised by the prosecutor, the police, the complainant or the court. Usually, if there is a victim support unit, the issue of survivor care will usually be dealt with outside of the court by the prosecution or the police.”
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