In a concerning development in domestic violence cases, advocates are calling for an expansion of support programs for both victims and the accused. A recent story from Victoria, Australia highlights the need for intermediaries to assist individuals with cognitive impairments, including mental health conditions, during police interviews and court hearings.
The case of Claire (pseudonym) exemplifies the challenges faced by victims with mental health conditions. When Claire called the police after experiencing domestic violence, she found herself being arrested instead. Claire, who has complex post-traumatic stress disorder, struggled to convey her experience to the authorities, further exacerbated by her mental health condition. Despite her pleas to explain the situation and provide proof, her requests were dismissed.
Claire’s ordeal extended to her time at the police station, where she asked for an independent third person, commonly referred to as a volunteer intermediary, to support her during the interview. Unfortunately, her request was denied. Independent third persons are crucial in supporting individuals with cognitive impairments during police interviews, yet their use is not consistently implemented, as impairments are not always disclosed or apparent to officers.
The consequences of this lack of support are deeply troubling. Claire was held at the police station for six hours before being released without charge. However, during this time, she accepted a cross application, resulting in her also being listed as a perpetrator of domestic violence. Such misidentifications are not uncommon, as a University of Melbourne review found that 48% of women classified by police as aggressors were likely misidentified.
While some support programs exist in Victoria for individuals with disabilities during police interviews and court hearings, experts argue that these programs are too limited in their scope. Intermediaries are currently only available to children and individuals with cognitive impairments such as mental illness, intellectual disability, dementia, and brain injury. Legal experts assert that the program should be expanded to include all criminal trials and family violence cases, encompassing both victims and the accused.
Marg Camilleri, a senior lecturer in criminology at Federation University, emphasizes the importance of intermediaries, particularly in sexual and domestic violence cases. These professionals can make a critical difference in ensuring fair trials and challenging the justice system’s biases towards individuals with disabilities. Camilleri advocates for the program’s availability to all who require it, including those in regional areas.
While the Victorian government has allocated funding to continue supporting intermediaries, their current geographical restrictions and limited accessibility to the accused hamper their effectiveness. It is crucial to ensure that the program extends across regional and rural parts of the state. The Victorian Law Reform Commission has recommended expanding the program to the accused, individuals with communication difficulties, and courts statewide. This will enable witnesses and the accused to effectively communicate with the court and understand the proceedings.
In conclusion, the call for the expansion of support programs, especially the involvement of intermediaries, in domestic violence cases is gaining momentum in Victoria, Australia. The experiences of individuals like Claire highlight the dire need for comprehensive support for victims and the accused, particularly those with cognitive impairments. By providing assistance during police interviews and court hearings, intermediaries can help ensure fairness, challenge biases, and improve outcomes in the criminal justice system. Extending and enhancing these programs across the state is crucial for achieving justice and protecting the rights of all individuals affected by domestic violence.
