Background
For the purposes of this research, interviews were not conducted with the victims of trafficking who have participated in investigations and prosecutions. This is an important issue that should be considered for future research.
For the purposes of this study, a focus group discussion was conducted with several case managers from BSIL Southern Edge Training (the current provider of the Support for Victims of People Trafficking Programme) who have worked directly with the women who have participated in trafficking investigations and prosecutions. This involved four case managers from Sydney, Melbourne and Brisbane, the program manager and a representative from the Office for Women. While information from these discussions is not a substitute for the views of victims, it nonetheless provides insight into some of the issues that have arisen over the past three years of the federal victim support program.
Balancing the dual role of advocate and case manager
The experience of the first few years of the federal victim support program suggests there are many challenges in providing victim support in the context of an ongoing criminal justice process. The program manager noted that her organisation has had a dual role: that of ensuring the safety and protection of women on the program, and of supporting their role as witnesses in the criminal justice process. She noted that separating the role of advocate from that of case manager has been one of the most challenging issues.
Length and timing of interviews
Case managers noted that the extended police interview process is 'long and arduous' for victims. Also, while investigators may want to move quickly into interviews, several practical issues may need to be resolved before the victim can begin to feel comfortable and safe. For example, in several cases, suspected victims of trafficking have been picked up in raids with nothing but the clothes they were wearing in the brothel. In this situation, case managers need to ensure the victim has appropriate clothing to wear before an interview can proceed. In all cases, victims are frightened, confused and uncertain about their situation. Case managers feel they need time with victims to help clarify their situation before interviews commence. They feel this may assist with the quality of information given in initial interviews. Case managers noted that AFP investigators have now adopted the approach of delaying initial interviews for up to a week. This gives case managers time to address the practical issues, and victims some time to come to terms with their situation.
Impact on clients of delaying decisions about visas
Case managers noted the practice of delaying discussions or decisions about long-term visas until after resolution of court processes. Victim support workers believed this negatively affected their clients, who remained in a continual state of uncertainty about their immigration status for up to several years. Victim support workers noted that this uncertainty was particularly strong in the early days of the program, before anyone had gone through the trafficking visa system and onto a Witness Protection (Trafficking) Visa. After the grant of the first Witness Protection (Trafficking) Visas, clients were able to see that it might actually be possible to secure a longer-term visa with more stability. Victim support workers noted that persisting levels of uncertainty affected their client's capacity to feel a sense of control over their lives.
Case managers noted that many of their clients had children and family back home (an issue also noted by several AFP investigators and individual prosecutors). While women remain on the Criminal Justice Stay Visa, they may only bring their children to Australia for a visit. This issue has implications for clients and possibly the welfare of their children, as many court cases last for years. Case managers recounted several stories of their clients becoming upset when they found out, for example, that money they were sending home was being misappropriated and not used for their children's benefit, or where there was a significant family event.
Financial pressures on clients
Case managers noted the financial pressures on their clients. Some clients are working and have money; however, others are receiving only Centrelink payments while trying to send money home to their families. In addition, application for certain visas involves payment of fees. One case manager commented that women are uncertain about whether they will actually be able to remain in Australia, so they save every cent they can. SWOP (NSW) also raised the issue of the financial pressures on suspected victims of trafficking.
The experiences of their clients as witnesses in court
Case managers commented that the act of participating in a prosecution is very important to their clients but also confusing and frightening. One case manager noted that clients can change noticeably after they have given evidence in court:
Whether there has been a conviction or not, they appear stronger and appear to regain confidence and pride after telling their story. They can hold their heads up, smile for the first time and realise they didn't do anything wrong.
All case managers interviewed noted that their clients have found it difficult to be witnesses in court. The hardest thing for a woman is to sit in court and tell her story in front of the alleged offender.
Another key issue is general confusion and intimidation around court processes. Case managers noted that when court dates are approaching, the clients are assisted with court familiarisation, either by the AFP or CDPP. Nonetheless, case managers noted that women can be intimidated to such a degree that they will be afraid to ask where the toilet is or where they can feed their baby. The CDPP and AFP investigators also noted the issue of court familiarisation and in-court support.
Case managers recounted several examples of their clients becoming upset because they thought they had 'done something wrong' while in court. For example, in one case, the client took her calendar into the witness box, as she had made several markings on it that helped remind her of what had happened. She was very confused and upset when the defence counsel strongly objected to this. In another example, the client was upset and confused when a barrister threw a pen, following her revelation that she thought she knew one of the members of the jury. The client had no knowledge of the Australian legal system and had no idea that she should have mentioned this earlier in the proceedings. To some extent, these incidences reflect the rough and tumble that is involved in being a witness in an adversarial system, rather than an issue specific to the trafficking context. However, these incidences also speak to the need for familiarisation with court processes, court support for witnesses and debriefing.
Case managers noted that timing of court cases can become a major problem for their clients, as cases are scheduled, cancelled and rescheduled. Clients' employers become suspicious or lose patience when their employee constantly takes time off work. In addition, once the court case actually starts, clients are required to make themselves available to the court for sometimes weeks at a time.