TY - JOUR
T1 - Victimhood, truth and criminal justice failure in relation to anti-homosexual violence and killings in New South Wales
AU - Tomsen, Stephen
AU - Kirchengast, Tyrone
PY - 2019
Y1 - 2019
N2 - This paper discusses and analyses the consequences of the inadequate criminal justice response regarding victims of fatal anti-homosexual/transgender violence in New South Wales (NSW) in the late twentieth century, and subsequent developments and claims that have either continued or resisted this pattern. It outlines the complexities around key investigations into unsolved homicides dismissed as accidents, suicides, or low priority killings, with the possibility that these classifications are related to a view of homosexual/transgender victims as unworthy of full state attention. The next challenge is moving beyond the individualistic frame of understanding victimhood in crimes targeting members of these minority groups, and any naïve faith that existing pro-victim measures alone will result in systemic openness and equal treatment. The authors suggest that attempts to clarify victim’s legislative rights, enhanced opportunities to recount victim experience, a consolidation of the Coroner’s investigative role, and establishment of a related expert “death review” team, are all worthwhile goals. Finally, we stress that an open NSW Police apology over inadequate past investigations, as well as the promise to seriously re-investigate unsolved cases, are a fair expectation that could also serve to foster victim healing in relation to these crimes.
AB - This paper discusses and analyses the consequences of the inadequate criminal justice response regarding victims of fatal anti-homosexual/transgender violence in New South Wales (NSW) in the late twentieth century, and subsequent developments and claims that have either continued or resisted this pattern. It outlines the complexities around key investigations into unsolved homicides dismissed as accidents, suicides, or low priority killings, with the possibility that these classifications are related to a view of homosexual/transgender victims as unworthy of full state attention. The next challenge is moving beyond the individualistic frame of understanding victimhood in crimes targeting members of these minority groups, and any naïve faith that existing pro-victim measures alone will result in systemic openness and equal treatment. The authors suggest that attempts to clarify victim’s legislative rights, enhanced opportunities to recount victim experience, a consolidation of the Coroner’s investigative role, and establishment of a related expert “death review” team, are all worthwhile goals. Finally, we stress that an open NSW Police apology over inadequate past investigations, as well as the promise to seriously re-investigate unsolved cases, are a fair expectation that could also serve to foster victim healing in relation to these crimes.
KW - hate crimes
KW - judicial error
KW - sexual minorities
KW - victims
KW - violence against
UR - http://hdl.handle.net/1959.7/uws:50527
U2 - 10.1080/10345329.2019.1571395
DO - 10.1080/10345329.2019.1571395
M3 - Article
SN - 1034-5329
VL - 31
SP - 181
EP - 193
JO - Current Issues in Criminal Justice
JF - Current Issues in Criminal Justice
IS - 2
ER -