1 – Preparing the procedural act

There are three aspects that must be considered by the VSW at the beginning of the preparation phase:

• How the victim feels and how he/she sees the participation in a procedural act, which shall be taken under consideration as a starting point for the preparation period;
• The fact that it is not always possible to prepare with due timeliness, which may, at times, be limited to a single prior contact with the victim/witness on the day of the judicial act;
• Preparation of certain groups of victims shall consider their specific needs. It will be the case, for example, of accompanying children, persons originally from different religious and/or cultural contexts, or persons with some type of disability.

In order to establish a relationship of empathy and confidence with the victim, a role of strategies may be used to “break the ice” during the first contact.

In the case of child victims, the VSW may resort to activities or games such as drawings, painting, cards, etc.

In the case of youngsters and adults, this relationship will be established through an informal conversation.

The establishment of a relationship of empathy and confidence shall facilitate the sharing of some personal information, such as:

• Name;
• Age;
• With whom the victim/witness lives with;
• The school the victim attends or work location;
• Likes and dislikes;
• Familial relationships and friendships;
• Other relevant information that victim or witness find important to share;

After the first contact with the victim, the VSW shall conduct a personal and circumstantial assessment of the victims’ situation at different levels, namely physical, emotional/psychological, familial, social, economic and professional, as well as see which enforcement and protective measures were adopted under the criminal proceedings. This information will allow the VSW to know the needs of the victim, to determine the objectives of his/her intervention and pounder the best way to contribute to the victims’ protection.

In case the victim gathers all the requisites to benefit from the statute of particularly vulnerable victim and it has not been attributed yet, the VSW must express the intent to request such statute to the judicial authority. This may be relevant for the enforcement of protection measures, namely the presentation of statement for future recall, resort to videoconferencing or the conduction of the trial without the public’s presence.

If the victim is a child, the first contact must be done with the parents or legal representatives. During this conversation, the VSW shall explain the objectives of the accompaniment, seek to tranquilize them and gather relevant information about the child and the experience of victimisation, so that, while interacting with the child, the VSW knows in advance the aspects to be avoided in order to reduce or not to promote the child’s anxiety.

The fact that the victim presents some type of disability must also be taken under consideration; for example, if it is a physical impairment it may influence the victims’ mobility at the venue of the procedural act, while a intellectual disability or impairment will require adequate and specialist support, which influences the manner in which the VSW will provide information or any clarification deemed necessary.

The diverse cultural and religious context must also be considered while assessing the victim’s need and adapting the approach. In this sense, the VSW must try to understand if the victim is originally from a different cultural and/or religious context that might demand a different preparation for the procedural act. In certain types of crime, such as female genital mutilation, forced marriage, etc., a particular sensibility and specialist knowledge is necessary to contact, accompany and support these victims.

The VSW must also pay special attention and show special sensibility to the fact that other intervenients in the procedure may not be familiarised with the different cultural and/or religious contexts of the victim.

The VSW verifies how the victim feels, establishing a dialogue that may create the possibility to share feeling, expectations, fears, etc. Besides that, the VSW must assess if the victim is familiarised with the judicial system or if, on the contrary, the lack of knowledge may be a source of anxiety.

During the preparation session, it is important that the VSW explores with the victim how he/she feels towards the judicial act and promotes the expression of emotions and feelings, in seeking to normalize the victim’s reactions. The VSW must additionally help the victim to deconstruct certain fears that may exist.

Some of the fears most commonly expressed by victims are the lack of knowledge of the judicial system and the potential presence of the offender during the judicial act. In the first case, the intervention will involve providing detailed information on how the judicial act will be conducted, who participates, which are the procedures and formalities required and what is the role of the victim. In the second case, the VSW shall effectively prepare the victim to the possibility of the offender being present and, at the same time, reassure that all will occur with all safety.

VSW’s shall also make victims’ aware that they may feel uncomfortable with some of the questions posed, namely by the defendant’s lawyer. Due to some questions posed by the judge, prosecutors and lawyers, victims may feel that what happened to them is being questioned. VSW’s shall explain victims that these professional are doing their job and that, sometimes, they may have to pose questions that might not be pleasant to the victim.

As to the possibility of encountering the defendant and his/her family and friends at the day of the judicial act, the VSW shall prepare the victim for that probability, planning ahead what may be done by the victim: try to maintain distance from them, not reacting to any provocation and, in the case she/he feels intimidated or threatened, immediately inform the VSW, the court’s clerk and/or the law enforcement agent at the venue.

The role of the VSW accompanying the victim is totally different from that of a lawyer or any other intervenient in the proceedings, and its intervention is limited. The VSW shall explain the victim why he/she was notified to accompany her/him, emphasizing that he/she will be beside her/him during the judicial act.

It is essential that the VSW clarifies from early on what he/she can and cannot do.

The role of the VSW is to support emotionally the victim in a moment that might be of frailty to her/him, due to the lack of knowledge on the functioning of the justice system, the anxiety that is normal to feel and the fears the victim may have. It is also the VSW role to explain the victim what will happen, what is the purpose of the judicial act, who participates and all the aspects previously mentioned. It is additionally under the role of VSW to assess the eventual need for the adoption of protection measures and to request it to the competent authority. VSW’s role is also, in general, to clarify any doubt the victim may have before, during and after the judicial act.

The preparation phase shall also serve to identify if the victims have specific protection needs.

If there are specific protection needs identified, the VSW shall suggest (in writing or orally) to the authority presiding the judicial act for the adoption of the adequate protection measures. This request mist be well supported and be based on current legislation (Criminal Procedural Code, Victims’ Statute, Domestic Violence Law or the Witness Protection Law).

The support measures foreseen under the legal framework are the following:

• Removal of defendant from the court during the victims’ testimony;
• Measures to avoid contact directly with the victim and defendant, using the adequate technological means;
• Measures to avoid that victim and defendant see each other in the facilities where the judicial act will take place, enabling the victim to enter and leave through alternative doors and wait for the judicial act in a safe room;
• The interview with the victim be conducted by the same person;
• The interview with victims of sexual violence, gender based violence or violence in intimate relationships to be conducted by a person from the same sex as the victim;
• Providing statements for future recall;
• The court taking place without the presence of the public.

Often, due to lack of knowledge of the venue where the judicial act will take place causes anxiety to the victim, especially when it is a court room. 

In this cases, it is advisable to visit the venue a few days prior to the judicial act. However, in case that is not possible, the VSW shall use the information and images of the court room at the infovictims.pt to explain the victim the room’s layout and where each of the intervenients will be seated and, on the day of the judicial act, show the victim in advance where it will be conducted.

A good preparation of the victim or witness to a judicial act and for the production of evidence implies the provision of a set of practical suggestions that allow the victim to know what is expected from her/him and how to proceed:

• Always tell the truth. Telling the truth and tell everything that happened, with all the details that you can remember. That is your role as a witness.
• Hear with attention all the questions made to you. Answer only when the question is finalized.
• Take as long as you need to think about the question and on the answer.
• Reply slowly and calmly to every question, in a clear manner and using short sentences.
• Don’t be afraid of telling everything nor to tell everything you know and all the details that you remember. All information you give may be important to discover what happened. If, to tell everything that happened, you have to use less proper words, such as slander used by the defendant at the moment of the crime, you shall do it. 
• Answer only what you have been asked, don’t try to please the persons asking questions by providing information on subjects that you don’t know.
• Don’t answer questions you didn’t fully understand. You can and shall request to repeat or to explain better what they want to know. You may say: “I’m sorry. I didn’t understand. Can you, please, repeat/explain better?”
• When questioned about something you don’t know how to answer, your answer shall be only one: “I don’t know”. Remember that your role is to tell what happened. Don’t create an answer just to give a reply to the question. Don’t assume and don’t give opinions. Testify about facts that you saw, heard or that you directly realized. A hear-say is irrelevant or the testimony of hearing about it.
• It is possible that you are asked the same question more than once. Try to answer in the same manner as the first time.
• It is natural that you don’t remember all the details or that you can’t recollect things with precision. If that happens, keep calm and say “I don’t remember”. To forget some things that occurred in the past is a natural memory process. It may be connected with the passage of time (often the testimony is about something that happened several months or years ago) e the discomfort id caused by recalling a negative life experience.
• It is natural to feel afraid, anxious or feel like crying. Testifying is an experience that may cause anxiety and frighten anyone. Speak or answer questions about the crime you witnessed (or were a victim of9 is not a pleasant task, since it makes you remember sad things that you want to forget or “erase” from memory. One of the reactions that may occur is crying. Don’t feel ashamed about it. Your reaction will be understood since it already happened to many people who were in the same situation. 
• If you feel tired or too nervous, you may ask for a recess to go to the bathroom or for a glass of water and a tissue.
• Don’t be afraid of the defendant nor let her/his presence inhibit you. Avoid looking at her/him while answering questions. Look only at the person who is placing the question. If you prefer to speak without her/his presence, you may say so to the judge. If the judge finds it adequate, the defendant will be removed from the room while you are speaking.
• The witness is not being accused of anything: the witness did not commit any crime. The only person under accusation is the defendant. The witness is present to help authorities in collecting important information in order to make the most correct decision. 
• It is natural that, during the judicial act, some things may be said or asked that may cause discomfort because you may feel that, anyhow, what happened to you is being questioned. Remember that it may be part of the defendant’s lawyer strategy, so try to remain calm and don’t let that affect you.
• Remember that you are not responsible for the decision taken by the court in relation to the defendant. Play your role: tell what you know about what happened. The decision of convicting or not the person accused of committing a crime is always of the judge.
• During trial, after providing your testimony, is possible that the hearing will continue and that other witnesses are heard by the judge. You can either be present during the rest of the hearing or leave the courtroom. You cannot speak with other people, namely witnesses that were not heard yet, about what you know and what happened during your testimony.
• The judge, after hearing all witness, informs all present of the day and hour when the sentence will be read. If you want to, you may attend, but you are not obliged to. 
• If the defendant is acquitted, that doesn’t mean that the judge didn’t believe your testimony. The acquittal means that there were not gathered or presented enough evidences (and valid) during trial for the judge to take a safe decision on the guild of the defendant in relation to the crime committed.
• If someone threats, intimidates or tries to assault you after your testimony, report it immediately to the police. If anyone tried to threat, intimidate or assault you before testifying, besides reporting the fact to the police, you shall also make the court aware of it.

If the victim does not speak Portuguese, the VSW accompanying the victim during the report of the crime may contact the law enforcement authority in advance in order to see if it is possible for an interpreter to be present or someone that speaks a language that the victim understands.

In case that is not possible, some alternative may be sought:

• Trying that the victim is accompanied by someone who may translate (it is to avoid this to be done by children, namely children of the victim);
• Schedule with the authority the date when it is possible to ensure the presence of an interpreter.
• If it is a public crime, send the report in writing to the Public Prosecution services;
• If the victim support office has contacts of interpreter, the VSW may do the contact and request her/his presence at the moment of presenting the report.
• In emergency situations and in case the VSW speaks a language the victim understand, he/she may do the interpretation.