©The Star (Used by permission)
KUALA LUMPUR: The conviction rate for sexual assault and domestic violence cases is low due to the lack of victim advocacy and support for the vulnerable witnesses, says Women’s Centre of Change (WCC) president Mariam Lim.
She said only a third of these victims who lodged police reports managed to get their cases to court and less than 10% of the reported perpetrators were convicted.
“The chances of getting a case into court are extremely difficult, but to have victims drop out during the judicial process seemed an appalling travesty,” she said at the launch of “Proceedings of The National Consultation on The Rights of Vulnerable Witnesses” here yesterday. The event was jointly organised with the Bar Council.
WCC works to eliminate violence against women and children and to promote gender equality.
She noted that a number of victims didn’t receive sufficient support through the entire criminal justice process, or lacked information on whether a charge will be filed or when they would be called to testify.
Postponements were also a hindrance.
Lim said a victim went through 11 postponements of a domestic violence case against her husband. She eventually withdrew her complaint after two years.
“Victims are also intimidated to appear in court, and it’s difficult for them to recall and relive an experience they would rather forget,” she added.
Lim said vulnerable witnesses included persons under 18, victims of sexual crimes or domestic violence, persons suffering from mental or physical disability or disorder and those with significant impairment of intelligence and social functioning.
Bar Council president George Varughese said there was an urgent need to revamp mechanisms for the protection of vulnerable victims and witnesses from the harsh realities and “lack–in–passion” legal personnel.
“All advocates and legal personnel must undergo standardised training to deal with the complexities of vulnerable witnesses in courts,” he said, adding that the trainings must be continual and nationwide.
Suhakam commissioner Datuk Mah Weng Kwai stressed the need of proper measurements to identify the protection required by the witnesses, or they may refuse to cooperate and provide vital information to their cases.
“This may result in the perpetrators escaping punishment and justice not being served,” said Mah, who is a former Court of Appeal judge.
He called for more reforms to the criminal justice system to protect the vulnerable witnesses.
Not only by making structural changes to the courtroom, but to ensure “a sensitised judiciary, skilled prosecutors and more ethical defence council,” he added.
WCC senior advocacy officer Melissa Mohd Akhir said among the key recommendations for the victim support system was consistency in the implementation of an effective and efficient structure to support the vulnerable witnesses.
“Besides implementation, there must be a standardised special measure to ensure full compliance of all justice agencies,” she said, adding that a clear standard operating procedure for these cases must be made available and accessible to the public,” she added.