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Silenced and sidelined: systemic inquiry into victim participation in the justice system
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 Silenced and sidelined: systemic inquiry into victim participation in the justice system
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People do not choose to be a victim of crime. Many victims of crime experience unimaginable trauma and its consequences can be severe and long lasting. Trauma can result in damage to the health and welfare of individual victims and their families and friends. As crime victimisation can have such profound impacts on victims, it’s no surprise that they are deeply invested in the justice system response to crime.
The criminal justice process however can add to the trauma that victims have already experienced and can be a source of secondary victimisation. This is especially the case when victims are prevented from genuine participation in the criminal justice process or believe that they were treated as mere bystanders in the justice response to a crime that has affected them so profoundly.
When the Victorian Law Reform Commission (VLRC) released its report The role of victims of crime in the criminal trial process in 2016, it proposed a new era for victims—one where victims are rightfully treated as participants in the justice process.
Following the VLRC’s report, the Victorian government introduced amendments to the Victims’ Charter Act 2006 (Vic) to recognise the victim’s role as a participant, but not a party, in proceedings for criminal offences.
This report identifies that Victoria has not achieved the necessary changes for victims to be true participants in the justice system, despite initial reforms by the Victorian government, and the efforts of people working in the justice and victim support systems. Significant cultural change is still needed for victims to be viewed and treated as equal participants alongside the State and the accused.
This report has three parts:
- Part 1 provides the background and context to this inquiry, including the history and context of victims’ entitlements.
- Part 2 provides in-depth discussion of whether victims feel like participants and what participation feels like to them. Part 2 also discusses structural and systemic barriers to participation, along with participation across key phases of the justice system.
- Part 3 sets out the VOCC’s vision for a more authentic participatory role for victims of crime, including
recommendations for reform.
