Findings of the study and information regarding the implementation of the EU Directive on Victims’ Rights

# Interaction with victims during police questioning and in court and the public prosecutor’s office (Article 18, 19, 20, 21, 23, 24)

The questioning of victims appearing as witnesses is generally very stressful for them as this is always connected with memories of the event. Victims generally accept the questioning by police as a necessity. Many victims report that they encountered experienced and compassionate police officers.

The police officer (female) was very nice and I believe that she also understood the situation because she subsequently said: “Let‘s take a little break first, I‘ll get you something to drink and, yes, you can calm down a little.“However, she still had to continue with her questions.

Survivor of intimate partner violence

I thought the questioning was all right, also the kind of questioning.

Because the police officer (male) also said: “I‘ll also ask your ex-husband exactly the same question.“And then, it was also o.k. for me.

Survivor of intimate partner violence

However, at times, victims also talk of inappropriate conduct by police officers during the initial questioning at the time of filing the report at the police station.

It is incomprehensible for many victims why they have to be questioned on several occasions. In addition, the willingness to report on the events diminishes the more time has passed. For victims, it is essential that the report is recorded in detail during the questioning. Thus, they can assume that all information relevant for the proceedings will be considered during the proceedings.

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I really wished that he (police officer) would record as extensively as I have told him. So that also the judge, who subsequently reads it, really notices how horrendous all this was for me and the injuries I sustained.

Survivor of intimate partner violence

During questioning by police and justice system, it is pivotal for victims

⊲ to precisely understand the procedural steps and to comprehend the character of a dialogue situation (questioning vs. conversation)

⊲ to experience appreciation and to be understood

⊲ to be taken seriously as a victim with the associated stresses

⊲ to receive a response to the report

⊲ that the report of the events is taken to the records in detail and

⊲ that individual needs for protection are taken seriously and acted upon (e.g. no avoidable encounters with the suspect / defendant)

A female court assistant summarises what - according to her - is important to victims of domestic violence:

Well, that they have the impression: ‘What I say, what is important to me, receives its due space and is also accepted at a government agency and that I do not fall between the cracks; I am not one of many numbers. But rather in the manner: I have fears, I have needs, and they are worth something.’

Court assistant

It is generally a great problem when victims appearing as witnesses have the impression that it is implied that they are not telling the truth.

It was really also the way in which the police officer (female) questioned me. In a manner such as: “Are you really sure?

Survivor of intimate partner violence

The direct confrontation with the defendant is very stressful during questioning by the judges. For some victims, making statements before the court is very important to process experiences of injustice, but also in order to be able to find closure to the violent relationship. The needs of victims in this context can vary; they could also be extremely ambivalent. It is important to realise that it is not generally in the interest of the victim to avoid a statement before the courts. Plea agreements and dismissals can be problematic for victims.

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After the hearing, when we all came out, I was disappointed that I was not allowed to say anything, because I just wanted to tell my story once - maybe before the court and before him.

Survivor of intimate partner violence

Beyond the confrontation with the accused, further factors contribute to the stress of the legal proceedings for victims. The victim’s willingness to make a statement is influenced by these pressures.

In most cases, there are bound to be some sort of comments which in fact intimidate the victim, resulting in the victim saying nothing at all.

Public prosecutor

Examples for the positive handling of strain are:

⊲ Defamations and threats in courtroom are intervened against, even if they are not uttered in German. It is therefore important to instruct interpreters to also translate conversations on the side and interjections.

⊲ Precautions are taken prior to a court hearing to prevent the unprotected confrontation with the accused in and in front of the courtroom. Respective precautions on spatial and/or personnel level have to be taken.

⊲ Attempts by the defence to demoralise the victim are prohibited by court and prosecutor.

⊲ Judges and public prosecutors show interest in the case and make it clear that they understand the extraordinary situation of the victim.

⊲ Judge and prosecutor are well informed about the dynamics of domestic violence and do not hold the victim indirectly responsible for the violent experience (“Why did you not walk away?”).

Appropriate handling by police and justice system of victims of domestic violence requires that the specialists have been sufficiently trained and know and are able to assess the dynamics of partner violence, stresses resulting for the victim as well as the consequences of traumatisation. While such training has been regularly designated for experts of the police since the introduction of the law for the protection against violence, there is no further education obligation for prosecutors and judges who handle such cases.

Constant dripping wears away the stone, and in these cases it is possible that some women need five to seven attempts and then even make it, but many don‘t. However, one only realises this after having worked in the sector for a few years. Initially, one takes it quite personally when the woman returns home again. One thinks: I have talked to her for the past five hours and finally got her into a women’s shelter; why is she now going back? One should not do that. The more one knows about the subject, the better one can handle it.

Police officer (female) in the criminal and investigation service

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# Recognising and considering special needs for protection and