Engendering Justice - from Policy to Practice - The Fawcett Society

International example of good practice - Denmark’s legal representative for rape victimsWhen a victim reports a rape to the police, they havea legal duty to inform her that before she makes astatement regarding the attack, she has the right tolegal representation.It is the responsibility of the legal representativeto ensure that the interests of the victim are beingprotected throughout the investigation and prosecutionprocess. The legal representative liaises with police toensure that the victim is informed of any progress ofthe investigation and also has sight of any evidenceascertained prior to arrest which can then be discussedwith their client.The legal representative will attend trial with the victimand may intervene during their oral evidence to objectto questions being put to them and may also ask thatspecial measures, such as video-links, are used. Atsentencing, the legal representative may call witnessesand introduce evidence about the impact that the crimehas had on the victim and address the court on theissue of compensation.To ensure there is no “double prosecution” therepresentative may only be heard on matters thatdirectly affect their client, therefore they cannot crossexaminethe accused or ask for additional witnesses tobe called.* Please note: Denmark operates under a civil lawsystem and so transposing this example in its entiretyto the UK common law system may pose difficulties.Additionally, public funding would need to be availablefor this legal representation.“It would be for defence barristers not torely on rape myths as a ‘failsafe’ to win casesor for special witnesses to inform jurors sothat these tactics would not work. ”Female victimPage 85