Page 621 - Magistrates Conference 2019

MODEL GUIDELINES FOR SEXUAL OFFENCE CASES IN THE CARIBBEAN REGION

2.6 SURVIVOR CARE AND PROTECTION

1. All witnesses, including those who may be vulnerable or in need of witness protection, may require support
before the trial. However, vulnerable witnesses and witnesses in need of protection will require additional
services.
2. The question of whether a witness is vulnerable shall be considered at the first and all subsequent pre-trial
hearings and may be raised by the prosecutor, the police, the complainant or the court, where directions
are needed from the court. Usually, if there is a victim support unit, the issue of survivor care will usually be
dealt with outside of court by the prosecution or the police.
3. In considering whether the complainant or other witness is to be considered a vulnerable witness based
on the application of the prosecutor for orders for special measures or orders for a support person to be
allowed in court, the court shall have regard to:

a. The age of the complainant or witness and whether because of age he or she may need special assistance
or facilities to be able to give evidence in court. In regard to the age of a child, the court may also give
directions for a voir dire to determine competence.
b. The presence of any disability that may impair the complainant or other witness in giving evidence and
what facilities will be needed to ensure they are able to give the best evidence possible.
c. The presence of any adverse or traumatic experience that may cause emotional or psychological distress
to the complainant or witness. In the case of sexual offences, there is high likelihood that the sexual
violence incident alleged has caused psychological and emotional trauma and that having to re-tell the
intimate details of the event in court may cause severe psychological distress to the complainant that
may impair his or her ability to give evidence.
d. In addition, the repeated nature of the offence such as stalking or several sexual assaults on a child may
have caused disruption in everyday life as well as psychological or emotional trauma.
e. Membership to an indigenous community where there is evidence that the complainant has been ostracized
or targeted for harm by persons within the community and where such community contains all the
family ties and traditional support mechanisms for the complainant.

4. Once a witness has been identified as vulnerable, there is potentially a long period before the trial takes
place, so that care support services will be needed, and in some instances, witness protection services
may also be needed.
5. Basic care and support services that can be mandated by the court may include provision of a supporter
to be with the child or vulnerable complainant or witness during the forensic interview or subsequent
interviews.

6. If there is no formal care unit within the police department or the child care services, the supporter may
be a friend or relative provided they are not party to the proceedings and they are not involved in pre-trial
support or in the role of a formal supporter at trial.
7. The court should explain to the person appointed as a supporter that their role will involve:
a. Providing emotional support and to educate and give information.

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