Victims of crime have rights – having a criminal record shouldn’t block support

The distinction between victims and people with criminal records can sometimes be unclear.

There are many links between having been a victim of a crime, particularly traumatic crimes that leave significant impacts on survivors, and later acquiring a criminal record. There are also connections between having a criminal record and later becoming a victim of crime.

Recognising these links and intersections is vital to develop a constructive approach to supporting all victims of crime.

Being a victim/survivor of trauma

Many survivors of the most traumatic crimes are at risk of also acquiring a criminal record.

This could be linked to the same incident(s), for example if someone is prosecuted for soliciting but had been trafficked or coerced into that position.

Similarly the long-term impacts of trauma can be seen in the criminal justice system, for example in the link between adverse childhood experiences and future offending behaviour or in the stark fact that 59% of women with criminal records have been a victim of domestic abuse.

A criminal record can make you vulnerable

A criminal record can push people to the margins of society, increasing their vulnerability to crimes. Difficulties accessing housing, for example, can make people with criminal records more vulnerable if they end up homeless.

It is worth also considering the number of people who fall victim to crime in prisons. Prisons can be turbulent and violent environments and, although data is hard to quantify, we know that many people suffer violent crime in prison each year. 

Blocked from support

The Criminal Injuries Compensation Scheme (CICS) exists to provide compensation for victims of violent crime.

However, the scheme prevents people with unspent convictions from accessing compensation even if they’re a victim of a serious crime.

For example there are cases of child sexual abuse survivors being denied compensation because of a conviction for a minor offence, or offences committed during that vulnerable period.

We need a better approach

There needs to be an explicit understanding in society of how criminal records and victim status overlap.

We also need to ensure that the rights and needs of victims are safeguarded irrespective of criminal records.

It looks as though the Victims and Prisoners bill is going to make it through Parliament before everything stops for the general election. However, the bill has been a missed opportunity.

This could have been a chance to address the exclusionary rule in the CICS outlined above.

More generally, this bill would have been the perfect opportunity to ensure that similar discrepancies don’t appear in future victims support services and provisions. The bill provides measures to support victims of specific crimes and public disasters, but nowhere is it made clear that no one should be excluded from such support on the basis of their criminal record.

As we know from CICS, this is not something that can be taken for granted.