Assisting prosecutors in their duty to uphold the rule of law, firmly protecting human rights and serving their community with impartiality and fairness.
Violence against women and girls is a widespread and serious violation of human rights that has severe physical, psychological, emotional and social consequences. The process of bringing a complaint into the criminal justice system can be a difficult and traumatizing experience for many victims for different reasons. Gender bias and discrimination fuel myths around such violence which shape the criminal justice response to these crimes. Many victims never report their victimization or they have been filtered out of the criminal justice system, resulting in low charge and conviction rates. A victim’s decision to report gender-based violence and continue within the criminal justice system is one of the most important factors affecting the prosecution of cases. The way in which the criminal justice professionals initially respond to victims is critical in determining whether a victim chooses to participate in further legal action, or abandons it because she has experienced secondary victimization or harsh treatment by the criminal justice system. Prosecutors play a critical role in the criminal justice response to violence against women and girls. While prosecutors face different duties and tasks depending on their State’s legal system, they generally represent the authority of the State in bringing a criminal case against the accused perpetrator, ensuring the application of the law during the criminal proceedings. Prosecuting gender-based violent crime can be challenging. Often there are a number of evidentiary challenges, due to the private nature of the violence. The police investigation may be substandard. Victims may be uncooperative, and withdraw or recant their complaints. Judges or juries may employ gender bias or common myths surrounding violence against women and girls when examining the credibility of the victim and the facts of the case. The goals of prosecution are to protect the victims while holding perpetrators accountable for their actions, and communicate a strong message to the community that violence against women and girls will not be tolerated. The rule of law is undermined when impunity characterizes the criminal justice response to violence against women and girls. Prosecutors handling these cases have the difficult task of balancing the imperative of victim safety with their traditional goal of presenting the case for the State according to the rule of law and the attendant duty to ensure that a person accused of a crime receives a fair trial. In some situations, participating in a prosecution may endanger a woman’s physical or emotional well-being. Prosecutors should apply fair and consistent procedures and strengthen links and cooperation with other institutions and agencies to ensure victim safety and offender accountability. It is the prosecutor’s actions that ensure a credible criminal justice system for female victims of violence thereby contributing to their trust in the system. In December 2010, the United Nations General Assembly adopted the updated Model Strategies and Practical Measures on the Elimination of Violence against Women in the Field of Crime Prevention and Criminal Justice which provide a comprehensive policy framework to assist States in developing responses and carrying out actions to eliminate violence against women and to promote equality between men and women within the criminal justice system. The updated Model Strategies and Practical Measures provide a series of broad recommendations for countries organized around the following themes: criminal law; criminal procedure; police, prosecutors and other criminal justice officials; sentencing and corrections; victim support and assistance; health and social services; training; research and evaluation; crime prevention measures; and international cooperation. Drawing upon the recommendations and guidance contained in the updated Model Strategies and Practical Measures, the United Nations Office on Drugs and Crime(UNODC), in cooperation with the Thailand Institute of Justice, has drafted this Handbook with a view to assisting prosecutors in their duty to uphold the rule of law, firmly protecting human rights and serving their community with impartiality and fairness in cases involving violence against women and girls.
Recognizing that prosecutors work in different legal systems, this Handbook is meant to be a resource to build on for individual prosecutors and prosecution services. Given the sheer diversity of prosecution structures and approaches, the Handbook will restrict itself to covering the general prosecutorial powers and functions. This includes:
(a) deciding whether or not to initiate or continue criminal proceedings in cases of violence against women and girls;
(b) directing or supervising investigations;
(c) dealing with victims;
(d) presenting cases before the courts;
(e) deciding on alternatives to prosecution; and
(f) playing a role in sentencing.
At the outset of the Handbook, it should be stressed that it includes information on aspects and requirements that may not fall within the role and functions of prosecutors in all national jurisdictions and legal systems, especially as regards interviewing and preparing the victim for trial, plea bargaining or the use of experts witnesses.
The Handbook is divided into three parts.
• Part One discusses current reflections, theories and research on violence against women and girls, the importance of the criminal justice response and some of the common misconceptions and myths surrounding sexual and gender-based violence.
• Part Two focuses on the role of a prosecutor in cases involving violence against women and girls. This part covers dealing with victims, role in investigations and the relationship with police, the decision to prosecute, the selection of charges, pretrial considerations such as release pending trial and no contact orders, evidentiary issues, trial considerations, role in sentencing and post-conviction, and restorative justice concerns.
• Part Three explores some of the institutional approaches that a prosecution agency can consider to ensure an effective response to violence against women and girls. The focus of this Handbook is on violence against women and girls, based on the United Nations definition i.e. “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether in public or private life”. Therefore, the reference to gender-based violence is limited to those acts where the victim is female. Gender-based violence includes the term “gender” which is based on the two sexes, male and female and explains the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men. Underlying this violence is the belief of the inferiority of women or stereotyped gender roles.
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