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The study looked at the difference between the adversarial and inquisitorial systems in the member states and their impact on the experiences and satisfaction of rape victims. The study noted that participants of adversarial systems experienced feelings of humiliation and detachment, and were more stressed testifying in court than those of inquisitorial systems. The difference in experiences was largely attributed to defense counsel tactics which undermined the victim, the hostile nature in which the proceedings were conducted and most importantly, the lack of legal representation. By contrast, the participants in the inquisitorial system recalled a much better experience and less hostility towards public officials and the legal profession. This was directly linked to the ability to have legal representation and the less hostile method of witness examination which was controlled by the judge. This is not to say that the adversarial system is wrong or that the inquisitorial system is to be preferred, but rather the lack of legal representation in the adversarial system appears to more easily allow for the rights of a victim to be
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Victim Support Australia Inc, The Role of Crime Victims in the Criminal Justice System (2007)
[ 2 ]. Victims of Crime Act 2001(SA) s 9A.
[ 3 ]. Ibid s 9B.
[ 4 ]. Ibid s 10.
[ 5 ]. Ibid s 10A.
[ 6 ]. Ibid s 16.
[ 7 ]. Peter Sankoff, ‘Is Three Really a Crowd? Evaluating the Use of Victim Impact Statements Under New Zealand’s Revamped Sentencing Regime’ (2007) New Zealand Law Review 459.
[ 8 ]. Wendy J. Murhpy, ‘The Victim Advocacy and Research Group: Serving a Growing Need to Provide Rape Victims with Personal Legal Representation to Protect Privacy Rights and to Fight Gender Bias in the Criminal Justice System’ (2001) Vol 11 No. 1 Journal of Social Distress and the Homeless.
[ 9 ]. Commonwealth v Neumyer (1999) 48 Mass. Ct. App. 154.
[ 10 ]. J. Murhpy, ‘The Victim Advocacy and Research Group: Serving a Growing Need to Provide Rape Victims with Personal Legal Representation to Protect Privacy Rights and to Fight Gender Bias in the Criminal Justice System’ (2001) Vol 11 No. 1 Journal of Social Distress and the Homeless.
[ 11 ]. Ibid.
[ 12 ]. Victims of Crime Act 2001 (SA) s16 (3) (e).
[ 13 ]. Michael O‘Connell ,“Victims’ Rights: Integrating victims in criminal proceedings” 2011.
[ 14 ]. Victims of Crime Act 2001 (SA)
Victim Support Australia Inc, The Role of Crime Victims in the Criminal Justice System (2007)
[ 2 ]. Victims of Crime Act 2001(SA) s 9A.
[ 3 ]. Ibid s 9B.
[ 4 ]. Ibid s 10.
[ 5 ]. Ibid s 10A.
[ 6 ]. Ibid s 16.
[ 7 ]. Peter Sankoff, ‘Is Three Really a Crowd? Evaluating the Use of Victim Impact Statements Under New Zealand’s Revamped Sentencing Regime’ (2007) New Zealand Law Review 459.
[ 8 ]. Wendy J. Murhpy, ‘The Victim Advocacy and Research Group: Serving a Growing Need to Provide Rape Victims with Personal Legal Representation to Protect Privacy Rights and to Fight Gender Bias in the Criminal Justice System’ (2001) Vol 11 No. 1 Journal of Social Distress and the Homeless.
[ 9 ]. Commonwealth v Neumyer (1999) 48 Mass. Ct. App. 154.
[ 10 ]. J. Murhpy, ‘The Victim Advocacy and Research Group: Serving a Growing Need to Provide Rape Victims with Personal Legal Representation to Protect Privacy Rights and to Fight Gender Bias in the Criminal Justice System’ (2001) Vol 11 No. 1 Journal of Social Distress and the Homeless.
[ 11 ]. Ibid.
[ 12 ]. Victims of Crime Act 2001 (SA) s16 (3) (e).
[ 13 ]. Michael O‘Connell ,“Victims’ Rights: Integrating victims in criminal proceedings” 2011.
[ 14 ]. Victims of Crime Act 2001 (SA)