VICTIMS OF SEXUAL OFFENCES AS PARTICULARLY SENSITIVE WITNESSES

Abstract

The authors address the conditions for improving the procedural position of all victims, with a particular focus on victims of sexual offenses, in order to reduce the effects of secondary victimization. Through legislative, descriptive, and comparative methodological approaches, the paper examines relevant issues related to the development of the legislative and institutional framework in the Republic of Serbia, which provides support, assistance, and protection to victims of sexual offenses. Crimes in the domain of sexual relations are among the most severe forms of criminal behavior, as they cause serious and far-reaching consequences that go beyond the usual degree of harm or endangerment to protected rights. In addition to the primary victimization suffered, victims or injured parties also endure various forms of secondary or even tertiary victimization due to the prosecution of these crimes and their perpetrators. Society has a duty to undertake appropriate measures and formal social responses to this criminal phenomenon and the treatment of its victims. By adopting international standards and criminalizing various forms of sexual offenses, Republic of Serbia has initiated the process of improving its legislative and institutional framework to combat these types of criminal behavior. It should be emphasized that, through the adoption of a strategic document and an action plan for its implementation, Republic of Serbia has demonstrated a clear commitment to international standards regarding the assistance, support, and protection of victims and witnesses of all crimes, including those involving sexual violence and moral offenses.

The establishment of the National Network of Victim and Witness Support Services, along with the definition of their competencies, has also introduced the obligation for procedural authorities—including public prosecutors, courts, and police as investigative bodies to conduct individual risk assessments of victims' vulnerability to secondary victimization from the moment a crime is reported. This risk assessment serves as a basis for providing professional assistance, support, and protection from relevant authorities, organizations, and institutions. In this context, it is important to highlight that procedural authorities, before determining the status of a particularly vulnerable witness in a specific case, may obtain the opinion of an assistance and support service or an expert. The goal of this paper is to highlight the fact that conditions are being created in Serbian Criminal Law practice for further improvement in the treatment of victims of sexual offenses. The authors particularly emphasize a good practice example aimed at improving the position of victims of serious crimes, including sexual offenses. Specifically, the paper highlights the guidelines issued by the Supreme Court of the Republic of Serbia to competent authorities regarding property claims of victims. In conclusion, it is noted that by adopting the National Strategy on the Rights of Victims and Witnesses of Crime, along with its Action Plan for implementation (2020–2025), Republic of Serbia has expressed a clear stance on the application of minimum international standards for victim and witness support, as outlined in EU Directive 2012/29. Amendments and modifications to the provisions of the Criminal Procedure Code serve as undeniable confirmation of this commitment.