Legal aid for victims: How Australia, Denmark do it

Legal aid for victims: How Australia, Denmark do it

Association of Women Lawyers president Goh Siu Lin says Malaysia need not ‘reinvent wheel’ in providing legal aid for victims.

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KUALA LUMPUR:
Malaysia doesn’t need to reinvent the wheel in providing victims of sexual crimes, domestic violence and human trafficking with much needed legal aid, says an NGO.

In an interview with FMT, Association of Women Lawyers (AWL) president Goh Siu Lin said that such support mechanisms for victims had been implemented overseas, citing Australia and Denmark as examples.

She suggested that Malaysia study the support mechanisms in place in Australia and Denmark to introduce similar support programmes for victims of sexual crimes, domestic violence and human trafficking.

Goh had earlier called for funding of legal aid for such victims as legal aid was currently limited to those accused of the crimes.

In Perth, Australia, she said, a victim is given support through the Department of the Attorney-General’s Directory of Services for Victims of Crime.

The department provides legal advice to victims face-to-face, over the telephone or by video conference to those in remote areas.

It also provides victims with solicitors or paralegal advisors who can help with negotiations, writing letters, drafting documents or preparing the victim for court.

In Victoria, Australia, the Victoria Legal Aid (VLA), funded by the Commonwealth and the local government, recently initiated a one-stop legal aid initiative for victims of sexual assault.

Goh said Denmark had introduced the Victim Aid Denmark initiative to provide psychological support, legal assistance and help to make claims and for insurance damages for victims.

The association is financed through an annual grant from the government, membership subscriptions, contributions and gifts from other charities and foundations.

“In addition, victims of crime in Denmark are entitled to state-funded legal assistance at the reporting stage.

“Denmark police are obligated to inform a victim of her right to counsel before she is even questioned.”

Goh pointed out that under Denmark’s Administration of Justice Act, victims are also entitled to have a lawyer before the questioning process.

The victim may choose her own lawyer or one may be appointed from a list kept by the police and the court, she said.

She added that the police are also responsible to keep the victims updated on the progress of investigations and provide the victim’s lawyer with prosecution evidence.

“In certain cases, the state may appoint a counsel to assist the victim, even if the victim had not requested for this.”

These were some of the examples Malaysia could refer to in providing legal aid for victims, Goh said.

According to home ministry figures released in the Dewan Rakyat last year, between 2013 and 2015, a total of 13,944 cases of domestic abuse were recorded. During that same period 7,240 rape cases were recorded.

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