The Desperate Need for Victims’ Rights

On 20th October, Claire Waxman spoke to Victoria Derbyshire about the urgent need for a Victims’ Rights Legislation and why her campaign organisation Voice4Victims with Sir Keir Starmer, have drafted the first ever Victims’ Rights Bill. Due to the government inaction on implementing the Victims Law, Voice4Victims has taken key elements of this vital bill, which Baroness Brinton and Lord Wigley are sponsoring and tabled as amendments to the Policing and Crime Bill, to be debated in the Lords in November. Claire explained the amendments and how these would greatly help victims of all crime and would have helped Anna Hemmingfield, who spoke of the many failings she has experienced of the justice system and the impact this has had on her life.

20th October 2016 House of Lords

Voice4Victims, with the support of Baroness Brinton, hosted ‘The Need for a Victims’ Rights Bill’ event at the House of Lords. Peers heard the harrowing experiences of victims of crime and the terrible failings of the Justice System.

One victim of forced marriage, domestic violence and rape, attempted suicide after the overwhelming process of being made to give interviews to multiple Police officers and repeating and reliving the abuse she had encountered over and over again. Ivy told the Peers ‘How is it acceptable that the system set up to provide victims with a route to justice, is the very system that could drive someone to want to end their life’.

Ivy was high risk of homicide and subsequently, her and her children were moved quickly to a safe location. However, a social worker disclosed their safe address to the abusive husband as she felt he had ‘a parental right’ to know where his children were, even though it had come to light that the children had been abused by their father as well. This disclosure led to Ivy being seriously attacked and hospitalised. The family were moved again, only for the social worker to disclose their safe address again and Ivy sustained another violent attack.

Police failed to manage the investigations properly and compromised not only Ivy’s safety but also justice. ‘As the system continually failed me and put my children at great risk of harm, I complied with the Police request to withdraw from remaining ongoing criminal cases’.

Ivy told the room ‘My offender walks free and yet, I, because our system is not effective enough to protect me, have been moved away from my life and made to accept that I can never access justice and get my old life back because the system is so flawed and broken’
‘I pray today that for the sake of me and other victims, you will support these much needed changes to ensure victims have rights to protect them throughout the awful ordeal of the justice process’
.

Mel, a victim of a serious sexual assault told the room how her name had been disclosed without her knowledge or consent to the stranger perpetrator, at the time of him being charged. Mel described the risks of this practice to the victim and how as a result, she has changed her name due to fear that her perpetrator will try and find her once he’s released from prison. Mel is also still awaiting compensation and was denied her right to anonymity in court.

‘I believe my identity should have been better protected in the 21st Century and I am willing to fight in every way I can to get this issue addressed. My question is a simple one, what I’m asking is how did divulging my name help in the interests of justice in this case and many others like it? I am asking for a review of the law that states the accusers name should be divulged in ALL circumstances, so that in completely random stranger attacks, not just in sexual cases but all cases of a violent nature, heavy consideration is given to withholding that detail, based on the facts of the case. There are other ways to identify a victim to a perpetrator that don’t have any lasting traumatic consequences’

‘To conclude – I just want to reiterate – despite the attack I experienced, the violation of my body and my mind, the trips in and out of hospital and the trauma of the court trial – by far the most extreme and lasting violation was the handing over of my identity to the one person in the world I would do anything to remain a stranger to. It isn’t good enough to cover this issue with a blanket procedure. It isn’t good enough to say everyone regardless of circumstance has a right to know the name of their accuser.’

Anna, a victim of domestic violence, stalking and harassment spoke to the room about her ongoing ordeal and how the Police and CPS have repeatedly failed her with not supplying evidence to the Court. Both agencies blame each other for the mistakes, with CPS stating ‘…so sorry that the failure of the Police to provide us with the required unused material prevented the trial of your case to take place. If the trial had proceeded and the defendant had been convicted of the offence, then you and your children would have secured some protection from him. I can fully understand why you feel let down’

Anna said ‘I believed in the justice system and now I don’t. It allowed my abuser the opportunity to get me arrested and charged without anyone hearing my voice. It allowed my abuser to be acquitted due to Police and CPS failing to communicate and ensure evidence was there on the day of trial. When I did finally receive justice, my abuser was allowed to appeal his conviction and that appeal took over a year to be heard and I was forced to have that hang over me for that long so I could not have any respite from the overwhelming cases I was involved in with my abuser. The rights for a victim to appeal against an unjust decision demands a change in the law. I am supposed to be protected by court orders but they are never adhered to and my abuser can breach them with no sanctions. My voice has been taken and I have been silenced throughout this painful ordeal. I have felt insignificant and helpless in the justice system, which to me, the victim, feels like a barren isolated world’.

Baroness Newlove, the Victims Commissioner attended the event and heard these pleas for a Victims’ Rights Law directly and fully supported that Victims needed their own piece of legislation and was meeting Dr Philip Lee, Justice Minister to discuss this.

Voice4Victims, with Baroness Brinton pledged to continue to push for these key victims’ rights amendments to be implemented as part of the Policing and Crime Bill to ensure victims have legally enforceable rights without any further delay.

Harry Fletcher, co-director Voice4Victims said ‘The evidence and experiences given to peers by victims of serious crime showed that the case for the introduction of a victims’ bill of rights was overwhelming. I hope therefore that Peers from all sides support the amendments to the Policing and Crime bill tabled by Baroness Brinton and Lord Wigley’ .

Claire Waxman stated ‘I am so pleased that the Victims Commissioner, after three years of our campaigning is now agreeing with us that there is an urgent need for a Victims’ Law. This is a huge and positive step. We are now working very hard at briefing the Lords on the necessity of these vital amendments and hope they will be well supported. We are also hopeful that in the meantime, the Victims’ Commissioner may convince the government to finally implement the ‘gold standard’ Victims Bill we have worked so hard on. Either way, we are now very positive that victims will get their much needed legally enforceable rights in the not so distant future.’

Claire Waxman on BBC Breakfast About Broken Criminal Justice System

Claire Waxman talking to BBC Breakfast about the publication of the Public Accounts Committee report into Efficiency in the Criminal Justice System and how delays and bad practice are failing victims of crime and putting them at risk.

The report findings are justified and mirror Voice4Victims findings. It highlights the urgent need for change and better practice, however, the time scale of four years for reform is far too late for many victims already suffering due to cutbacks and failings. Claire Waxman stresses in her interview that the introduction of a Victims Law is now needed as a matter of urgency and something that the Government who published a manifesto commitment to act in 2015, must now adhere to and implement without any further delay.

Claire Waxman talks to This Morning, ITV (Video) 18/04/2016

Claire Waxman on ITV’s This Morning following Lily Allen’s stalking ordeal and talking about what is needed to help protect victims.

Claire Waxman on This Morning

Claire Waxman talks with Victoria Derbyshire – (BBC Video) 29/04/2015

Victoria Derbyshire presents the daily news and current affairs programme. Claire Waxman speaks about her experiences of being stalked for 12 years.

Claire Waxman indepth interview on the emotional toll of stalking – Daily Mail – 02/05/2015

After all this time, Claire Waxman struggles to know what to call the man who has tormented her for 12 long years. ‘I don’t like to use his name because that personalises him,’ she says quietly.
‘But then even calling him my stalker feels wrong, like somehow there is a relationship between us. I don’t like to call him anything really. He is just “that man”.’
Her reluctance is understandable: for more than a decade ‘that man’ has wreaked havoc in Claire’s life, waging an intense campaign of harassment and intimidation.
His name — although Claire will not say it — is Elliot Fogel, a 40-year-old former television producer who has stalked her obsessively since 2003

To read the full article please visit:
http://www.dailymail.co.uk/news/article-3064876/Woman-stalked-12-years-reveals-toll-TV-executive-s-obsession.html

Claire Waxman talks to Good Morning Britain on need for treatment support for stalking victims (Video) 30/04/2015

Claire Waxman of Voice4Victims interviewed on ITV’s Good Morning Britain.

Claire Waxman talks to Beverly Turner LBC, giving advice to other stalking victims (Audio) 30/04/2015

Claire Waxman has endured 12 years of anxiety and fear at the hands of a stalker. She spoke to Beverly Turner to talk about her experience and give advice to others.

Legal loophole of stalking finally recognised by Criminal Justice System – London Evening Standard – 28/04/2015

A former television producer who obsessively stalked a woman for more than 12 years has been jailed for a third time.

Elliot Fogel, 40, has now been prosecuted five times for harassing Claire Waxman and received three jail sentences, as well as a suspended sentence and a community order.

The former freelance producer for Sky Sports was found guilty of breaching the order by issuing a libel claim against Ms Waxman.

To read the full article please visit:
http://www.standard.co.uk/news/crime/serial-stalker-jailed-for-third-time-after-harassing-antistalking-campaigner-for-more-than-12-years-10211186.html

Press Release: THREE AND A HALF YEARS JAIL FOR SERIAL STALKER CONVICTED FOR THE FIFTH TIME

FOR IMMEDIATE RELEASE

THREE AND A HALF YEARS JAIL FOR SERIAL STALKER CONVICTED FOR THE FIFTH TIME.

28th April 2015

Today persistent stalker Elliot Fogel was jailed for two breaches of a lifetime restraining order preventing him from making any contact with Claire Waxman.

This is the fifth time Fogel has been prosecuted. He has previously received a community order, a suspended sentence, 16 week and two years custodial sentence for past breaches.

Ms Waxman won a landmark case against the CPS for not previously prosecuting Fogel in 2011 for a similar breach of the restraining order.

”Stalkers wreck their victims lives. My family and I have had to endure 12 years of persistent stalking and we just wish that Fogel would desist so that we can lead a normal life.

Today’s verdict and sentence is important for all stalking victims, as it shows them that the pattern of stalking is finally being recognised and understood and taken seriously. It also gives a message to stalkers that they do not have an absolute right to access the civil courts to bring malicious and vexatious complaints against their victims.”

Abusing the court process is a common tactic by stalkers. They take out vexatious court actions in order to force their victims into contact with them. Fogel used this tactic in 2006 and 2011, when he brought county court actions against Waxman.

In 2011, following one of his vexatious complaints, Fogel was charged for a breach of the restraining order but the CPS dropped the prosecution claiming he had a legal right to access the civil courts.

Waxman took legal action against the CPS for failing to prosecute Fogel’s breach as she believed this was a breach of her human rights. In February 2012, her application at The Royal Courts of Justice was upheld and she won her case against the CPS.

It was a landmark victory which showed the value of the Human Rights Act in protecting Victims of crime and has ensured that all victims of stalking will be allowed to access justice in these types of cases. (see summary of ruling: http://tinyurl.com/ommn44b)

“This sentence will give Claire and her family some reprieve but Fogel is a determined stalker who will continue,” said Harry Fletcher, Criminal Justice Director of the Digital Trust.

“It is paramount that any further breaches are dealt with quickly and that there are strong safeguarding measures to protect Claire’s safety.”

Speaking after court, DC Candler , officer on the case said: “Today’s sentence reflects the seriousness of Mr Fogel’s offending; especially in light of his appalling abuse of the civil court system to victimise Mrs Waxman. He is now subject to further restraints by means of a restraining order and criminal behaviour order to hopefully curtail any future attempts should he continue to subvert the courts and plague the life of Mrs Waxman and her family. We all hope though that this will finally mark the end of his offending. ‘

This case has highlighted the need for psychiatric treatment for persistent stalkers and Frank Farnham, Consultant Forensic Psychiatrist and clinical lead for Fixated Threat Assessment Centre and the National Stalking Clinic said: “Psychiatric treatment of stalkers would benefit them and their victims. We need the courts to recommend the specialist treatment that we provide at the National Stalking Clinic”.

ENDS:


NOTES FOR THE EDITOR:

Press contact:
Claire Waxman, Founder Voice 4 Victims info@voice4victims.co.uk

Met Police Press Bureau reference S1032009

Harry Fletcher, Criminal Justice Director M: 07860 540145 Email: Harry@digital-trust.org

Need for a Victims’ Rights Bill

Currently, victims’ rights are not represented in the criminal justice system.

Voice4Victims campaigns for rights of victims and is working with Digital-Trust to introduce a Victims Rights Bill (see draft: www.digital-trust.org/victims-bill.

The Bill places a responsibility on the Secretary of State to publish a victim’s legal framework and outlines over 25 specific rights for victims under the following key areas:

Advice

Treatment

Representation

Parental rights

Vexatious Claims

Disclosure

Compensation & Costs

Claire Waxman has also started a campaign called ‘Restoring the Balance’ to address the legal loopholes that perpetrators exploit in order to abuse their victims further and force contact with them and is working with the Suzy Lamplugh Trust and Sir Keir Starmer on this campaign.

About Voice4Victims

“As a stalking victim, I experienced first-hand a torrent of abuse and re-victimisation at the hands of our Criminal Justice System. I naively believed the system was there to help victims, instead it compounds their trauma. It placed the rights of my stalker above my rights to be protected”.

Claire Waxman, founder of Voice4Victims

The Voice 4 Victims campaign seeks to address the imbalance of equality though enshrining rights of victims in a Victims’ Law. Working with several victims’ organisations and charities, the campaign has amassed substantial evidence about the difficulties and injustices victims face within the criminal justice system. They have also highlighted, and looking to address the legal loopholes within the Civil and Family courts which allow perpetrators direct contact to abuse or harass their victims further.

Together with the expertise of Harry Fletcher, Criminal Justice Director of the Digital Trust and colleague Kate Whaley, MAMAA, a Victim’s Rights Bill was drafted and has now gained cross party support. Claire is optimistic that it will become law and ensure that there is a culture shift towards the treatment and support of victims in this country.

About Digital-Trust

The Digital-Trust is a new not-for-profit organisation that brings technologists together with those professionals working within the criminal justice system and the associated support charities. This new organisation actively campaigns for more responsive legislation for victims of abuse. It also identifies risks and continuously develops new advice, tools and guidance to combat the rapidly escalating problem of digital abuse.

Harry Fletcher, Digital-Trust – Criminal Justice Director

Harry is a respected criminal justice expert and parliamentary campaigner. Harry was the Assistant General Secretary of NAPO for over 20 years. His role as a criminal justice expert has been to campaign and influence for changes in government policy. He was instrumental in getting the new domestic violence and stalking law through parliament. His current projects include: Victims’ Rights Bill, Digital-Abuse Consolidation Bill and Courts Co-operation, Enforcement and Family Courts Amendment Bill.

Press Release: Victims to be given a voice and new rights in Victims Bill

Embargo 00.01 4 March 2015

As a stalking victim, I experienced first-hand a torrent of abuse and re-victimisation at the hands of our Criminal Justice System. I naively believed the system was there to help victims, instead it compounds their trauma. It placed the rights of my stalker above my rights to be protected” said Claire Waxman founder of Voice4Victims.

After a successful campaign, a Bill giving victims of crime enforceable rights, will be introduced in the House of Commons today by Elfyn Llwyd MP with all Party Support.

The Bill was drafted by Claire Waxman and Harry Fletcher of the Digital-Trust. They strongly believe that the strengthening of victims’ rights can only come via robust legislation. “We have had a victims’ code for over a decade, yet this code is not working effectively to protect victims’ rights. It is routinely ignored and breached with no remedial sanctions. This is evident in the latest victims’ commissioner report, and those that completed our victims’ rights survey in 2014”, says campaign lead, Claire Waxman.

The campaign’s Victim survey showed communication with victims was consistently poor across all agencies. The CPS, HMCTS, Witness services, CICA, Probation/ Victim Liaison Unit, Parole Board all scored over 50% in the extremely poor category, with Parole board scoring the highest with 67%.

One victim from the survey comment shows the frustration over lack of communications “my case was dragged out for 18 months before getting to court, longest 18 months of my life. And in the dark for most of that time causing me more trauma“.

The campaign team believes that Victims’ Rights should be placed in to statutory legislation and have drafted a bill based on their victims’ survey, current victims’ code, EU Directive and meetings with a number of victims’ organisations and services.
The Bill places a responsibility on the Secretary of State to publish a victim’s legal framework and outlines over 25 specific rights for victims under the following key areas:

  1. Advice
  2. Treatment
  3. Representation
  4. Parental rights
  5. Vexatious Claims
  6. Disclosure
  7. Compensation & Costs

The bill also defines an easy route for victims to complain and gain redress through a statutory body; something currently missing with the Victims code.

Claire Waxman states ‘‘we believe that the bill will help victims’ access justice and will enforce mandatory training of criminal justice and victim support agencies. This bill could create the culture shift needed in order to address the current imbalance of the criminal justice process.”

Harry Fletcher, Criminal Justice Director at the Digital-Trust said “There is also an urgent need for the establishment of a Professional body to regulate victim services and to have powers to investigate and act on complaints. These suggestions would ensure that proper quality standards were in place and that victims had redress.”

Notes to the editor:

Claire Waxman and Harry Fletcher are both available for interview
Contact:
Claire Waxman, Voice4Victims e: info@voice4victims.co.uk
Harry Fletcher, Digital-Trust t: 07860 540145 e: harry@digital-trust.org

1Victims’ Rights survey:

  • These same agencies scored over 40% in the extremely poor category when victims were asked to score the way these agencies treated them, with Parole board scoring the highest at 59%
  • 55% of victims were never informed about criminal injuries compensation
  • 44% were never given opportunity to make a victim personal statement
  • 64% of victims never received any advice or support on writing their victim personal statements

Quotes from Victims Survey:

  • ‘I will never forgive the CPS and the Police for the stress they added to my case at the trial of my murdered son, I was given a strict warning from the judge not to show any emotion during the 3 and half month trial ..if I had I would have been removed from court instantly’
  • ‘the offender (murderer of my brother) was remanded to a bail hostel just a few minutes from my home pre-trial. It traumatised me to feel so unsafe’
  • ‘delays in getting personal property of murder victim when not going to be used in evidence’
  • ‘all my evidence that I compiled has now been lost by the CPS and without any consideration into the emotional trauma, I have been requested to compile the file again’
  • ‘the police were cruel and mocked me and the court date was set for 3 days before I was due to give birth. I have since left the country because of our justice system’
  • ‘My personal information was disclosed to my stalker by criminal justice agencies’
  • ‘I was advised by police that if i got some actual bruises or injuries from him, that would be better evidence’

About Voice4Victims

As a stalking victim, I experienced first-hand a torrent of abuse and re-victimisation at the hands of our Criminal Justice System. I naively believed the system was there to help victims, instead it compounds their trauma. It placed the rights of my stalker above my rights to be protected

– Claire Waxman, founder of Voice4Victims

The Voice 4 Victims campaign seeks to address the imbalance of equality though enshrining rights of victims in a Victims’ Law. Working with several victims’ organisations and charities, the campaign has amassed substantial evidence about the difficulties and injustices victims face within the criminal justice system. They have also highlighted, and looking to address the legal loopholes within the Civil and Family courts which allow perpetrators direct contact to abuse or harass their victims further.

Together with the expertise of Harry Fletcher, Criminal Justice Director of the Digital Trust and colleague Kate Whaley, MAMAA, a Victim’s Rights Bill was drafted and has now gained cross party support. Claire is optimistic that it will become law and ensure that there is a culture shift towards the treatment and support of victims in this country.

About Digital-Trust

The Digital-Trust is a new not-for-profit organisation that brings technologists together with those professionals working within the criminal justice system and the associated support charities. This new organisation actively campaigns for more responsive legislation for victims of abuse. It also identifies risks and continuously develops new advice, tools and guidance to combat the rapidly escalating problem of digital abuse.