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Q&A

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Interview with Pierre Jaquier, LAVI counsellor in Lausanne | November 2021 and March 2022.

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What do victims seeking help at a LAVI centre ask for?

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They want to know their rights as victims. They want to understand what filing a criminal complaint would involve, how the criminal procedure will or might unfold, what belongs to them and what does not, and what they can expect from the process.

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They also need to understand the stress reactions they are experiencing following one or more violent acts (such as robbery, rape, or road accident, and in other cases, sexual abuse, sexual harassment, threats). They need to grasp the dynamics of domestic violence, knowing that 45% of the people who seek our help are victims of it.

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Additionally, there is always an underlying need for recognition and redress, which aligns with the two essential points of LAVI.

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“There is always an underlying need for recognition and redress.”

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What mental state are people in when they come to you?

Often disoriented, apathetic, or conversely hyperactive, with diminished capacity to remember information, victims experience post-traumatic stress reactions (sleep disturbances, nightmares, mood swings, bouts of crying, guilt, shame, feelings of injustice, anger, anxiety, concentration and memory issues, loss of desire, appetite changes, hypervigilance, phobias, etc.).

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Others, in a state of dissociation, are disconnected from their emotions, feeling numb. Special attention must be given to these individuals.

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How does LAVI help women who are victims of domestic violence and their children?

To ensure their safety, we offer them accommodation in a shelter. Each canton has such a facility that can receive victims 24/7; for the Canton of Vaud, it is the MalleyPrairie Centre.

If there is no space available at the time of need, emergency hotel accommodation will be provided until a place opens up. LAVI can cover the cost of this accommodation.

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In addition to housing, victims of domestic violence may request emergency protective measures from the court, which can quickly issue an order for the spouse or partner to be expelled from the marital home, accompanied by a restraining order, before referring both parties to a later hearing to discuss the continuation of the separation. This measure is revocable, and some couples choose to continue their relationship after such an episode.

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Finally, a third option exists: in cases of “substantial” domestic violence, the police, when intervening in such situations, can, after interviewing both the man and woman, order the immediate expulsion of the abusive partner for a period of 30 days (Art. 28b of the Swiss Civil Code). The parties are then summoned within 14 days to rule on the validity of the expulsion and the next steps in the process. For a third of couples, the household is reformed, and the court does not proceed further. In another third of cases, the victim requests a temporary separation or, in some cases, prefers to wait until the 30 days have passed before deciding whether the partner should return home or if they should separate. In the remaining third, individuals do not attend the hearing. 

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“Domestic violence can take many forms: physical, sexual, psychological, verbal, or financial.”

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In parallel with this civil procedure, domestic violence cases have been prosecuted ex officio since 2004. The police produce an intervention report and send it to the public prosecutor, who will automatically open an investigation. In principle, a prosecutor will summon the parties within a month of the police intervention. This investigation may proceed in various ways too complex to detail here. For this reason, we encourage victims of domestic violence to consult a LAVI centre or, as an outpatient option, a cantonal shelter.

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It should also be noted that domestic violence can take many forms: physical, sexual, psychological (such as death threats, coercion, control, or confinement), verbal (insults, belittlement, humiliation), or financial.

How do you approach feelings such as shame (about what happened) or fear (of reprisals, of the procedure) with a victim

Almost all victims experience these emotions. The first step is to leave the blame with the person who committed the offence, as Marcus Aurelius said, and not to assume it oneself. It is then necessary to distinguish the act from the person. The act does not define the person. Being a victim does not make someone a victim for life but rather a person who was once victimised. “De-victimisation” remains the primary goal of victim support, as getting stuck in that status undermines the enjoyment of life.​

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“It is then necessary to distinguish the act from the person. The act does not define the person. Being a victim does not make someone a victim for life but rather a person who was once victimised.”

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The rights of defendants were strengthened in the unified Code of Criminal Procedure (CPP) in 2011. In some cases, a public defender is appointed for a defendant from the first hour, but not for a victim under LAVI. Is there a procedural inequality?

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In a state governed by the rule of law that seeks equality, at the intersection of criminology and victimology, one might argue that there is indeed an inequality of resources between the defendant and the victim in the CPP. In the same circumstances provided for the defendant (when they are in pre-trial detention, facing a sentence of more than a year, etc.), a court-appointed lawyer from the first hour could also be provided for the victim. We hope that the revision of the CPP will eliminate this inequality.

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Does LAVI encourage victims to file a complaint?

Under no circumstances. LAVI counsellors help victims regain control of their lives, which involves making their own decisions. However, they will discuss the victim’s expectations of filing or not filing a criminal complaint.

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By committing an act of violence, the perpetrator encroaches on a person’s physical, sexual, or mental integrity, subjecting them to their will and desires. In doing so, they deny the person’s right to security, physical, sexual, and/or mental integrity, often plunging them into a sense of powerlessness. Influencing the decision to file a criminal complaint or any other choice would interfere with this process of regaining control.

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“LAVI counsellors help victims regain control of their lives, which involves making their own decisions.”

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How do you support a victim throughout the criminal procedure?

We first inform them of their rights, such as the right to be accompanied by a trusted person (Art. 152 para. 2 CPP) during a police interview, at the public prosecutor’s office, and possibly in court. They also have the right not to face the accused, the right for a woman to request to speak to a female prosecutor rather than a male one, etc.

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Throughout the procedure, LAVI counsellors help victims exercise their rights (Art. 12 para. 1 LAVI). One of these rights is the option to withdraw from the criminal procedure. They may choose conciliation, i.e., a conditional withdrawal of the complaint signed by the perpetrator of the violence. For victims, restoring a balance close to what they experienced before the violent act does not necessarily have to involve a fight against the perpetrator. However, this process must include physical and psychological recovery.

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If, during the consultation, we cannot answer the victim’s questions, we will refer them to a lawyer. The victim can obtain coverage for the first four hours of consultation with a lawyer, who we may accompany them to.

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This is a LAVI service aimed at redress, as is the provision of psychological support to help reduce post-traumatic stress symptoms, as mentioned above. Changing locks and other protective measures, emergency financial assistance, interpreter fees, self-defence classes, and other forms of assistance are also part of LAVI’s services.

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“Throughout the procedure, LAVI counsellors help victims exercise their rights.”

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LAVI guarantees the right to compensation and moral redress. What does this entail?

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This concerns the damage, directly related to one or more acts of violence, suffered by a victim. This damage is divided into two parts: compensation, which covers all expenses related to offences not covered by insurance (ambulance transport, dental expenses, broken glasses, therapies, compensation, loss of earnings, etc.), and moral redress, which, according to the law, is a financial compensation aimed at reducing the “cost of suffering”, whether it is physical suffering (loss of function of a limb, persistent pain, operations, rehabilitation, etc.) or mental suffering (post-traumatic stress, psychological consequences of the act or acts of violence, use of therapies, etc.).

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Are victims of human trafficking also recognised as LAVI victims?

If sexual or other physical violence, threats, coercion, confinement, etc., were committed in Switzerland, victims of human trafficking (HT) have the same rights to LAVI services. Still largely invisible, this population is subject to organised and highly mobile trafficking networks. The European Community has established a comprehensive framework to combat human trafficking. Sexual exploitation is the most significant part of this trafficking, alongside labour exploitation and organ trafficking.

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In Switzerland, it is the Swiss Federal Police’s Anti-Human Trafficking Service (SETT) that oversees HT. In the Canton of Vaud and other cantons, the Astrée Association in Lausanne hosts, shelters, screens, advises, and defends the rights of HT victims. Each canton has its own anti-trafficking system in collaboration with the Confederation’s Service, the cantonal LAVI centres, and shelters. Among other things, this system grants temporary residence permits to trafficking victims in irregular situations in Switzerland, ensuring their protection during a criminal procedure and thereby encouraging them to testify in order to dismantle the networks.

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What message would you like to send to a victim who hesitates to contact LAVI?

First, understand that the consultation is free and confidential and that the LAVI counsellor, usually a social worker, will receive them without judgement and believe what they say.

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LAVI centres work on a consultation basis. It is up to the victims to decide whether to follow up or not.

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I also want to emphasise, especially for men, that staying silent about their experiences is often worse than speaking out. Waiting for “the pain to pass” rarely works. Confronting the act of violence to contain it remains the first step to take.

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It is also important to remember that victims can seek help anonymously.

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“The LAVI counsellor will receive the victim without judgement and believe what they say”

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People who consult a LAVI centre can do so anonymously, with a friend, or with a professional. Article 11 of LAVI requires us to keep the consultation’s content confidential. Through this article, the legislator intended to provide a space where victims would be believed and respected. The purpose of this consultation is clear: to reassure and protect people to encourage them to address the victimisation they have suffered. The sole exception to Article 11 is in cases where a minor is at risk of suffering further violence, in which case a report may be made to ensure their protection.

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