Victims Rights

Question 1

Victim Definition

Answer 1

• Any person who an offence is commited against,
  or suffers phsyical injury, loss, or damage to property due to offence
• Parent or legal guardian of a victim, unless offender
• Member of immediate family of a victim, unless offender

s7 + 8 Only;

• A person, who experiences suffering, or emotional harm due to an offence
• Parent, or legal guardian of person, unless offender
• Experiences domestic Violence, or C+YP residing with person who is victim of domestic violence
• Exclusion: Any person who is the offender, party, or addition to the act of an offence is not considered able to be considered a victim of that instance, or series of related offending.

Question 2

Immediate Family

Answer 2

member of the victims family, whanau, or close relationship

Anyone who resides with the victim, or is closely linked to them at time of offence

Question 3

Victim: Incapable

Answer 3

A person who is unable to exhibit the capacity to understand, forsee consequence, or make decisions relating to their welfare;
Or is able to do these things, but unable to communicate decisions;
Or is in a state of continued unconciousness

Question 4

Referring to Victim support should occur when?

Answer 4

Victim support must always be reffered to when the incident involves a serious offence, injury, or loss of life.
Including, completed suicide, sudden trauma, or serious offending;
Or
The victim shows signs of being seriously affected, or likely to be involved with the justice system for an extended period

Question 5

If part of attempted suicide, must victim support be referred?

Answer 5

Only Completed suicide must be referred to victim support;

Although any seriously affected person can be considered for referral;
Attempted suicide should not be referred to Victim Support.

Question 6

Section 7

Expectations of Courts and Law Enforcment

Answer 6

Members of Law and Order community should treat victims with Courtesy, Compassion and respect of personal dignity and privacy.

Question 7

Section 8

Access to Providers

Answer 7

Victims; and if needed, family, should have access to welfare, health, counselling, medical and legal assistance in fairness of their needs

Question 8

Section 11

Access to Programmes and Services

Answer 8

Victims should be informed at earliest opportunity of their right to access programmes, services and remedial agencies

Question 9

Section 12

Progress and their role

Answer 9

Victims have a right to know of investigation progress, charges filed; or actions taken, date and place of proceedings, their role as a witness, outcome of proceedings

Question 10

Section 51

Victims Property

Answer 10

A victims property, as long as it is not also property of the defendant, must be returned as soon as practical once it is no longer needed.

Question 11

Emotional Reaction to victimisation: Impact Stage

Answer 11

Immediatly after victimisation.

Numbness: Unable to feel anything

Disorientation: Confusion, where, what, when

Immobilisation: Unable to actively deal with situation

Loss of Reality: “This isnt real, or happening to me”

Dependence: Being
incapable, unable to make any form of decision

Question 12

Emotional Reaction to victimisation: Recoil Stage

Answer 12

Anger, or Rage: Caused by the situation they experienced, but can be directed at anyone or anything

Fear or Terror: Created by the thought they may experience victimisation again, and can be long lasting

Frustration: The sense of being powerless, or helpless can worsen over time if they cannot access the help they need

Confusion: the thought “why me?” takes hold of their life, they then begin to focus solely on this and circle this thought constantly.

Guilt: Feel they somehow caused their victimisation

Violation: Disgust at their victimisation causing a breach of their person, or place

Mood Swings: Opposing, or sudden shifts to other moods, hopelessness, anxiety, powerlessness, inability to recover can be all felt within very short periods of time

Question 13

Post Traumatic Stress Disorder

Answer 13

Jumpiness
Sleep Disturbance
Guilt, or Fear
Memory disturbance
Concentration Deficit
Flashbacks and freezing
Emotional Disturbance
Abnormal behaviour and alienation

Question 14

Victim Blaming

Answer 14

Do not blame, or imply that in some way the victim is at fault for their victimisation.

They did not choose, or ask, or show, or set in motion; through their actions the instance of their victimisation.
The offender made the choice to victimise them, they had no part in that occurence, other than being the victim of the offence.

Your bias, or thoughtless opinions and questions can destroy a persons independence and ability to return to normal function within a reasonable timeframe