Australia
Department of Justice, Northern Territory Government, Report: Review of Vulnerable Witness Legislation (2011).
Although this report is specifically about vulnerable witness legislation in the Northern Territory, it highlights that in most jurisdictions one of the protections available to vulnerable witnesses is the entitlement to be accompanied by a friend, relative, or other support person while giving evidence (p 4). A vulnerable witness, in the NT, relevantly includes a child (defined as someone under the age of 18); a witness who is a victim of a sexual offence to which the proceeding relates; or is the protected person named in a domestic violence order (DVO) (p 3).
George, Amanda and Bridget Harris, Landscapes of Violence: Women Surviving Family Violence in Regional and Rural Victoria (Deakin University School of Law’s Centre for Rural Regional Law and Justice, 2014).
This report draws and extends upon a 2013 report released by the Centre for Rural Regional Law and Justice (Victoria) (Jordan, Lucinda and Lydia Phillips, Women’s experiences of surviving family violence and accessing the Magistrates’ Court in Geelong, Victoria (Centre for Rural Regional Law and Justice, Deakin University Australia, 2013)). George and Harris’ report ‘examines the experiences of and outcomes for women survivors of family violence in regional and rural Victoria’ (p 2). It briefly explores women’s experiences of support workers at courts. It notes that their presence in the courtroom, standing beside survivors, was usually appreciated. It made women feel ‘less vulnerable and braver’ in the courtroom (p125). ‘Survivors recounted how, in addition to escorting women to their cars, workers organised separate waiting rooms for them. Workers from ATSI services explained that dedicated support at court was vital for ATSI women, who often have little trust in the court system and face complex layers of disadvantage and need. An ATSI survivor insisted that ‘women won’t go [to court] unless they are supported … they will do it if they are supported’. Support workers also provided assistance to survivors in ‘demystifying the court process’. ‘Workers thus had significant roles as advocates for women because of their knowledge about court processes’ (p 125).
Women attending court for domestic violence matters found domestic violence services and workers extremely helpful. ‘Practical support from domestic violence workers, such as accompanying women to the Family Court, was appreciated’ (page 82).
Laing, Lesley, ‘They should have this in every court’. Evaluation of the NSW Women’s Refuge Movement: Women’s Family Law Support Service (2011).
This report presents an evaluation of the Women’s Family Law Support Service (WFLSS) in NSW. The evaluation draws on interviews with 16 clients who engaged with the service and 9 interviews with court staff. The women interviewed for this study reported that the support provided in accompanying women in court was highly valued: ‘I was over the moon to have someone who knows the system standing beside me’ (Woman 3); ‘Because I had suffered domestic violence, facing him and being alone would have been even harder. She sat beside me the whole time’ (Woman 4); ‘Now I’m back in Court again this month and [Coordinator] is going to be there with me the whole way’ (Woman 11). The interviewee reported that the support was highly important to a woman whose family was in a distant state and she had to give testimony about her abuse. Other aspects of the service that were praised included the flexibility of the support, ongoing nature of the support, the emotional support provided (page 12), and the validation that the woman had experienced violence (page 13).
Loddon Campaspe Community Legal Centre, Will Somebody Listen to Me? Insight Actions and Hope for Women Experiencing Family Violence in Regional Victoria (2015).
The Loddon Campaspe Community Legal Centre (LCCLC) provides family violence duty lawyer, advice and ongoing case work across the Loddon and Campaspe region. This project examines the experiences of women who have experienced family violence and the legal system. 190 women were surveyed at Bendigo, Echuca, Maryborough, Kyneton and Swan Hill Magistrates’ Courts in Victoria and in-depth conversations were had with 27 women as part of this project (p 8). As part of examining court structures and processes, the report briefly notes the importance of support for women going to court. Many of the women commented positively on the support provided. As per Sophie, the support workers ‘did not leave my side. They were really supportive and made me comfortable because he was doing the stare thing. And they’re going just don’t look, don’t…they sat like this side of me and they were wonderful. So so wonderful. They were great’ (p73).
Queensland, Special Taskforce on Domestic and Family Violence in Queensland, Not Now, Not Ever: Putting an End to Domestic and Family Violence in Queensland (2015).
The taskforce noted that ‘Many victims experience difficulties when attempting to navigate the justice response to domestic and family violence’ including: ‘Lack of court support workers, for women and men’ (p 268). It found that ‘having adequate court support workers available to assist parties to understand the process is essential to ensure the best possible outcome for all parties’. The report also notes that providing information to male respondents is ‘important in increasing engagement and accountability of perpetrators’ (p 310).
Sentencing Advisory Council, Sentencing of Adult Family Violence Offenders Final Report No. 5 (2015).
The report considers the role of specialist family violence lists or courts in dealing with family violence offences. Specialist family violence courts share a number of common elements. These are identified in the Joint Report and include: specialised personnel including specialised victim support workers and may be chosen because of their specialised skills, or be given specialised training in family violence. This report notes the emphasis on specialised support services: There will be someone, employed by the court or another organisation available to support family violence victims in managing the court process, and often these workers are responsible for referring victims to other services, such as counselling.
Australian research has shown that victims participating in domestic and family violence related proceedings value having a support person accompany them in the courtroom and court precinct. The protections afforded by a support person are set out in various state bench books, and are similar to those available to vulnerable witnesses in some jurisdictions. These protections reflect recent inquiry findings highlighting the difficulties victims experience navigating the court system without support and the benefits of making a range of specialised court services available to victims.
Women victims who are supported report feeling less vulnerable in the courtroom, safer in the court precinct, better able to understand and deal with the court process, and that their experience of domestic and family violence has been recognised and validated. A significant aspect of victims’ fears relates to their experience of violence and the prospect of ongoing contact with the perpetrator in the court context.
Australian research has shown that victims participating in domestic and family violence related proceedings value having a support person accompany them in the courtroom and court precinct. The protections afforded by a support person are set out in various state bench books, and are similar to those available to vulnerable witnesses in some jurisdictions. These protections reflect recent inquiry findings highlighting the difficulties victims experience navigating the court system without support and the benefits of making a range of specialised court services available to victims.
Women victims who are supported report feeling less vulnerable in the courtroom, safer in the court precinct, better able to understand and deal with the court process, and that their experience of domestic and family violence has been recognised and validated. A significant aspect of victims’ fears relates to their experience of violence and the prospect of ongoing contact with the perpetrator in the court context.