There is no such thing as a victimless crime. This means that, for each of the hundreds of new cases that enter the law courts each year, there is at least one alleged victim.
The irony here is that the victim, who often brings the crime to the surface, ends up being pushed into the shadows of the justice system and is left to cope with any physical or psychological trauma brought about by that crime, according to forensic psychologist Sharon Vella.
She believes that the important role that the victim plays in the justice system is being ignored. "All too often victims are only heard when the police report is filed and when they take the witness stand against the perpetrator," she said.
And, it seems, the legal system is not fully sensitive to this fact as victims of reported crime often face a situation where, while the trauma is still fresh, they are summoned to appear in court, usually at 9 a.m. This leads to hours of waiting in the court corridors with the alleged perpetrator.
Ms Vella sees all sorts of victims, but victims of crime are overall the most traumatised, she finds.
"One issue that comes out dominantly is that most feel alone and not understood. Some even feel guilty for reporting the crime while others, for various reasons, don't even bother reporting.
"Most victims of crime report that the worst part of their victimisation is to re-live the incident every time they have to face the justice system in both the criminal and civil courts." It does not help that they are often summoned to court only to find out, after hours of waiting, that their case has been deferred.
The court system
So is the justice system equipped to deal with victims?
Parliamentary Secretary for Justice Carmelo Mifsud Bonnici said: "I can't say that it is totally equipped but it is becoming more aware... We are still fighting a legal culture that thinks that the victim's presence is often limited to the initial part of the court proceedings. We are working on this but it will take a few more years until the legal culture changes by fully accepting the victim and having a court system that really works by appointment."
Dr Mifsud Bonnici believes the justice system is "slowly but steadily" moving in the right direction. He gave examples of the newly introduced mechanism granting the Civil Courts the right to protect victims by issuing a protection or treatment order. He also made reference to the introduction of video conferencing that currently allows minors and victims of sexual abuse to testify in a separate room from their alleged aggressor.
But what about victims of "less serious" crimes? What about the elderly woman who was burgled, and then had to face her aggressor in court? Can she testify by video conferencing? After all, she too is traumatised.
"I agree," Dr Mifsud Bonnici said. "We are becoming more sensitive to these issues... The balance needs to be maintained between minimising the trauma (of the victim) and practicality as we can't have everyone testifying via video conferencing."
He said that there have also been discussions, between the ministry and the independent organisation Victim Support Malta (VSM), regarding the possibility of having a room in court where victims can wait separately from the rest of the crowd. "We would like to entertain this but at the moment the court building is as full as an egg," he said.
VSM coordinator Romina Baldwin underlined the importance of cooperation between the authorities in ensuring the safety of victims.
"I know there is a question of space and practicality but victims should be protected, even psychologically. The court should take the necessary steps to separate the victim and the perpetrator physically in the court building," she said.
Before victims even step into court, they first come into contact with the police. So, are the police trained to deal with victims of crime?
According to a spokesman for the police, lectures regarding victims of crime are part of the curriculum of the Police Academy. These lectures are given to police recruits and to officers during in-service courses and half-day courses.
Besides, an internal circular within the police force specifically speaks about victims of crime, the spokesman said. This circular instructs officers to, among other things, start criminal proceedings in the shortest time possible, inform victims of crime regarding any developments in their case, and assist the victim in claiming back their property (exhibited in court as evidence).
Empowering the victim
Ms Baldwin's direct experience with victims has made her aware that crime changes people. "It changes them and their perception of life, society and other people. There are a lot of losses. A loss of confidence, trust and self-esteem," she said.
Apart from that, most of the time victims feel lost and are not aware of their rights and how to go about getting help.
VSM tries to address this by offering emotional, psychological and practical support in terms of what to do next. But first the victim needs to know that VSM exists. This is why in April last year VSM and the police's Criminal Investigation Department formulated a protocol in which it was agreed that members of the department would refer any consenting victims to the support group.
But Ms Baldwin would like to extend the protocol to other police departments, especially district police, since they are usually the first to come in contact with victims.
And the police seem to be thinking on the same lines. A police spokesman said: "It is intended that, in the future, the protocol be effected by all investigating officers within the police force."
Like Ms Baldwin, Ms Vella believes victims deserve to be listened to. "They have a right to be involved and informed of every part of the process. They are the most important element of any given crime without whom most of the criminal justice structure would collapse.
"The role of the victim is tremendous as they can bring about so much change and awareness. Not only by speaking about their pain but also by sharing the experience about how they manage to overcome the pain and live through the situation," she added. Ms Vella gave the example of how the experience of the victims of robbery or burglary can lead to the installation of better security measures.
She further stressed that something needs to be done to recognise the victim's role.
First, she said, the whole picture must be seen without overlooking the reality of unreported crime. Then, victims need to be informed and educated on how to protect themselves, their property and their family and informed about how to go about the situation.
"The victims need to be empowered. They need to be informed about their rights, given knowledge of what takes place during court hearings and their involvement in all of it. If necessary, offered assistance to deal with any trauma the crime or circumstances have brought upon them or their family," she noted.
Ms Vella added that, while it was all well and good to have all this in place, it would be much better to safeguard people from victimisation through education and empowerment.
"We need to reinforce strategies on crime prevention and it is not just up to the police. We are a community and need to act like one."
'Who cares...?'
Vicky* was the victim of a reckless driver and an experience that left her with a deep sense of injustice and feeling as though she was "screaming in water".
Although the incident happened almost a year ago, she still cannot shake off the sound of the screeching tyres that terrorised her and her family.
The night of the accident Vicky's husband was at the wheel of their family car while she was in the passenger's seat and her son was at the back. They were on their way to dine out when, suddenly, they heard the shrill scream of tyres and the car they were in was hit by a speeding car.
The blow sent their car spinning out of control and, when it finally came to a stand still, Vicky was thankful to find that no one was fatally injured. She then noticed that the driver of the other car, who had emerged, was acting in a manner that left her convinced he was not in his right senses. Onlookers also observed this at the time.
The case ended up in court but the man was let off with a small fine. Vicky could not believe it when she heard the magistrate read out the judgment. That man could have killed her and her family - how could the court believe that it was just an accident?
She was left to deal with a cocktail of emotions. She felt guilty that she might have left something out when she testified. She was angry and overwhelmed by the injustice of it all.
"Who cares? Who cares if the victim cannot get the incident out of her mind even after a month, who cares if she is literally driven to insanity by the injustice of it all... The accused got away with paying a fine for terrifying my family and smashing up our car," she said.
Meanwhile she and her family were left to deal with a series of repercussions to his actions. To start with their car was written off and she and her husband had to get a loan to buy a new one.
Apart from that, Vicky and her young son kept getting nightmares about the incident. "We were all afraid of getting back into a car for some time... In conclusion the accused got away with murder while the victims got punished," she said.
Though grateful that her family was still alive, Vicky was hurt by the fact that she had been a law-abiding citizen all her life and felt that the justice system had let her down when she most needed it. She felt betrayed and could not make sense of what had happened. She also felt abandoned but was relieved when she heard about Victim Support Malta (VSM) where all victims are listened to - irrespective of how serious the crime is perceived at law.
For more information about VSM visit www.victimsupportmalta.org or call 2122 8333.
* Name and some details have been changed to protect her identity. The experience is factual.
Victim's rights
Witness protection programme. A request by a person to be considered a protected witness may be made to the Attorney General who will decide on the request.
Testimony through video conferencing. Any minor or victim of any crime against peace and honour of families and against morals may be allowed by the court to testify through video conferencing.
Presence in court. After giving evidence the witness has the right to be present at court proceedings and request the investigating police officer to notify him/her when the next sitting is scheduled for.
Legal representation. The victim can engage a lawyer to assist in his/her rights, examine or cross-examine witnesses and produce evidence in support of the charge so long as it is considered admissible by the court.
Appeal stage. On appeal against sentence the victim's lawyer has the right to submit recommendations about the sentence of the appellant.
Source: Guide to Victims: A Statement For The Rights Of Victims Of Crime (Daritama, 2004)