Keynote Address

by

John W. Gillis

Director

Office for Victims of Crime

at the

2003 International Symposium on the Assistance for Victims of Crime: Identifying the Role of the Police in Meeting Victims' Needs

Sponsored by

Japan's National Police Agency (NPA)

on March 18, 2003

Tokyo, Japan

Thank you and good morning. On behalf of Attorney General John Ashcroft, and President George W. Bush, it is an honor and a great pleasure for me to join you here in beautiful Tokyo for the 2003 International Symposium on Assistance for Victims of Crime.

I feel privileged to have this opportunity to share my perspective as a former police officer, a survivor of homicide, and as the Director of the Office for Victims of Crime. I would like to thank Japan's National Police Agency for inviting me, and also applaud the NPA for creating this international forum for exploring effective ways of meeting the needs of Japan's crime victims.

My history in the crime victims' movement spans more than 25 years, and began with a personal tragedy. In 1962, I joined the Los Angeles Police Department. I retired from the LAPD 26 years later at the rank of lieutenant.

In 1979, I was investigating gang activity for the LAPD, when my daughter Louarna was murdered by a gang member. She died because her father was a police officer, making her a more symbolic target for her killers. As a survivor of a homicide victim, I gained a personal, firsthand understanding of the plight that crime victims and their families face in the criminal justice system. As a result of my painful and unexpected loss, I sought opportunities to reach out to other victims and survivors, and to improve how crime victims are treated by the system. I helped establish two organizations that work on behalf of victims and their families. I became involved in organizations such as Memory of Victims Everywhere and Parents of Murdered Children, where I was able to find the support that I needed.

On September 14, 2001, I was confirmed as the Director of the U.S. Justice Department's Office for Victims of Crime (OVC). I took office just 3 days after the September 11th terrorist attacks on the United States. Since that day, I have made it my personal mission to put victims first in all of OVC's activities.

Today, I will present to you some highlights of victim services in the United States, OVC's role and responsibilities, and key points relating to how police in the United States respond to the needs of crime victims, but first let me give you a little background information about OVC.

OVC is the only federal agency in the United States established exclusively to address crime victim issues and is one of the few offices of its kind around the world. It was established in 1984 in response to findings in the 1982 report prepared by President Ronald Reagan's Task Force on Victims of Crime. The report identified 68 recommendations that became the framework for the development of new programs and policies on crime victims. Not only did the Task Force make recommendations about how the criminal justice system can improve its response to victims, but it also issued recommendations to other organizations such as hospitals, the clergy, the legal field, schools, mental health providers, and the private sector. The report urged Congress to pass legislation creating federal funding for direct services and compensation to victims of crime. In response to this recommendation, Congress enacted the Victims of Crime Act in 1984, which authorized the establishment of the Crime Victims Fund. OVC administers the Crime Victims Fund and programs authorized under the Victims of Crime Act.

To guide its work, OVC adopted a two-pronged mission: a commitment both to enhancing the Nation's capacity to assist crime victims and to providing leadership in changing attitudes, policies, and practices to promote justice and healing for all victims of crime.

OVC accomplishes this mission by distributing funding to states for victim service programs and by initiating and providing financial support for a diverse range of national-scope projects and programs intended to improve the quality and accessibility to victim services, enforcement of victims' rights, and public awareness of the rights and needs of crime victims in the United States and worldwide. This year marks the 20th anniversary of the establishment of OVC and our efforts to give victims a voice at the federal level.

Using monies deposited into the Crime Victims Fund, OVC helps states provide victims of crime with urgently needed services and financial assistance for crime-related expenses. The Crime Victims Fund is made up of fines, penalties, and forfeited bail paid by convicted federal criminals, in addition to private gifts, bequests, and donations. Since its inception, nearly $3.7 billion have been collected in the Fund to help more than 2 million victims annually.

Supporting services for victims and promoting the fair treatment of victims drives much of our activity at OVC. We also support initiatives that raise public awareness of victims' rights, their needs, and the existence of services to help them. In fact, soon after I return home, OVC will host an annual event to commemorate National Crime Victims' Rights Week--a time when the Nation pauses to pay tribute to those who have suffered as a result of crime, to acknowledge the work of all who commit their time and energies to helping crime victims, and to renew its commitment to improve the plight of crime victims. During the 2002 commemoration of National Crime Victims' Rights Week, President Bush and Attorney General Ashcroft endorsed a proposed amendment to the U.S. Constitution to protect victims' rights.

The Victims of Crime Act authorizes OVC to use a portion of the funds deposited into the Crime Victims Fund each year to develop training and technical assistance. To this end, OVC supports education and training for victim advocates, criminal justice practitioners, medical personnel, the faith community, and other allied professionals who work with victims daily.

For example, OVC is funding a project to develop training for law enforcement chaplains on effective responses to crime victims. OVC has provided funds to the Sexual Assault Nurse Examiner program to develop training for law enforcement on the use of DNA evidence and appropriate interventions with victims, including child sexual abuse victims. OVC also funded the development of a publication for local service providers who come into contact with U.S. citizens victimized abroad, or who have lost a loved one to homicide or other crimes abroad.

We seek through our activities and publications to make professionals aware of innovative strategies for serving crime victims. Because of our national vantage point, we are in an ideal position to help communities replicate promising programs and practices.

Next, OVC carries out its mission by developing and supporting policy that responds to issues and concerns voiced by crime victims and their advocates. OVC does this in a variety of ways, including drafting and responding to national legislation, preparing regulations and guidelines regarding rights and services for victims, and monitoring actions of federal agencies regarding their handling of crime victims. To this end, OVC drafted guidelines to implement the requirements of the Victim and Witness Protection Act of 1982. These guidelines, issued by the Attorney General, set forth the specific actions that federal law enforcement personnel should adhere to when they encounter a victim of a crime. Another way that OVC promotes policy on behalf of crime victims is by reviewing and supporting proposed legislation. For instance, I testified before Congress on the proposed Victims' Rights Amendment. My testimony reflected the Bush Administration's position on key provisions of the Amendment and reiterated its support for establishing victims' rights in the Nation's basic charter, the U.S. Constitution.

Since my appointment as Director of the Office for Victims of Crime, I have convened a series of meetings with crime victims across the United States to enlist their ideas about how OVC can expand and enhance its national leadership role. These meetings, which I refer to as Victims Roundtable Discussions, have allowed me to hear firsthand from participants about their fears, needs, and frustrations as they struggle to mend their lives after experiencing crime. Over the past year and a half, I have had the opportunity to meet with more than 200 victims from 33 states and representatives from more than 25 tribes in Indian Country. We are learning a great deal from these victims' experiences that can be applied to improve services to other victims. From these Roundtables, OVC is developing a series of training videos that can be used to educate public officials, victim service providers, law enforcement officers, and other allied professionals on the needs of crime victims and effective interventions.

I believe that I have provided you with a good overview of the role of OVC in addressing the needs of crime victims. Now I want to discuss the role of law enforcement in the United States in responding to victims of crime and how OVC supports this effort.

A timely and sensitive response to victims of crime by law enforcement agencies is critical. Whenever a crime is committed, law enforcement officers are usually the first to arrive on the scene and as a result, the first to encounter the victims. Crime victims interact more with law enforcement officers than they do with any other criminal justice professional. In the United States, about 21 percent of all major crimes result in an arrest. This means that only 21 percent of victims have an opportunity to become involved in a criminal case through their local prosecutor's office, which often can provide assistance to them. In other words, unless victims are assisted by law enforcement, nearly 80 percent of them may never learn about, let alone receive, the services that are available to them, at a time when these services are desperately needed.

This makes the role of police officers and first responders all the more critical, and puts them in a unique position to assist victims immediately following a crime. Though the crimes range from murder to domestic violence, rape, drunk driving, or stalking, the first response to the victim will affect how that individual views the entire criminal justice system.

The first response to a victim will also influence which services and assistance that victim receives. Needed assistance may include access to emergency services, counseling, financial assistance, information, help navigating the criminal justice process, and referrals to community programs.

While sworn law enforcement officers do not provide direct services to victims of crime, OVC encourages agencies to create protocols and procedures that ensure officers help victims locate the assistance they need, and to hire civilian advocates to help victims navigate the various stages of a criminal investigation. In their interactions with victims as first responders, law enforcement officers are in an ideal position to make victims aware that compensation may be available to cover various expenses, such as mental health counseling, funeral and burial expenses, medical costs, and lost wages.

Assistance from law enforcement makes a significant difference for victims. Victims express tremendous gratitude and appreciation for the reassurance and help offered by the responding officer and the department. They talk about how the assistance they received made them feel safe or how they felt lost in the system until they were provided with some help from an officer or law enforcement-based victim advocate.

A good response to a victim can also substantially benefit law enforcement. If a victim is satisfied, he or she is far more likely to report a crime or be cooperative and helpful in the investigation of the case. Additionally, if a victim advocate and proper protocol is in place to offer a victim assistance after a crime, the officer is less likely to be called on by the victim for assistance later. Thus, the officer will be free to concentrate on the case.

Law enforcement efforts to address the critical needs of victims can take many forms--from a unit in a law enforcement agency devoted to helping victims to a partnership between law enforcement and a nonprofit victim service organization. This notion is so popular that Hollywood has created a television show called "Law and Order: Special Victims Unit." Creating an in-house victim service program is not the only option, however. We know that many police departments, particularly small ones, just don't have the resources for that. What OVC does promote is that, at a minimum, the officer responding to the crime scene offers the victim reassurance and information. It is about providing better assistance to victims in their moment of need.

In all of my contact with law enforcement leaders, I emphasize the importance of local police departments reaching out to the grassroots victim advocacy organizations in their areas. The link between law enforcement and nonprofit groups is critical, particularly in rural areas where resources are scarce. Law enforcement agencies and nonprofits have much to gain from each other. It is important to capitalize on the resources that exist by working together.

OVC also encourages collaboration among federal, state, and local agencies. Over the last few years, we have seen how critical these partnerships have been in responding to events involving mass violence, such as school shootings and terrorist attacks.

Mass violence poses a great challenge to law enforcement personnel, in particular. As they fulfill their initial crisis response role, they must often coordinate efforts with colleagues from other disciplines and jurisdictions who may also be involved in the response. In addition, they must contend with the challenge of providing sensitive assistance to victims and survivors, at the same time that they are themselves surrounded by extreme and prolonged chaos and confusion. Experience teaches us that, in the aftermath of a crime of mass violence, the collaboration between law enforcement and victim-centered responses is imperative.

It is important to use such collaborations proactively so victims are provided a comprehensive, immediate response in the aftermath of any crime involving mass violence. Supporting partnerships at all levels of government and across professions and systems is a priority for OVC. We recognize how important such partnerships are to an effective, sensitive, and coordinated response to crime victims.

The connection between law enforcement and victim support will continue to improve as officers strengthen connections with the communities they serve. One important development I would like to talk about now is the assistance faith-based groups are increasingly providing to crime victims across America. For many victims, the overwhelming trauma of violent crime leads them to question the basic principles and assumptions which supported their view of the world and themselves, and their spiritual beliefs. We at OVC fully appreciate the critical role the faith community plays in helping crime victims cope with their victimization and ultimately regain a sense of meaning in their lives. One of the Bush Administration's priorities is to increase OVC's work with faith-based organizations, including churches, nonprofit agencies, and charitable organizations with a religious foundation.

We are involved in a number of new projects that aim to fulfill that goal. One of these initiatives--the Law Enforcement Chaplaincy Program--will be replicated nationwide. In this program, chaplains and other members of clergy, working in conjunction with law enforcement officers, act as community first responders to crime victims. This program was developed to offer spiritually oriented counseling to victims in crisis. I believe that faith-based organizations are uniquely positioned to reach crime victims who might never interact with a traditional victim advocate. Therefore, it is important that we build the capacity of those in the faith community to respond to victims. My goal is to promote the efforts of the Law Enforcement Chaplaincy program with other communities to strengthen their work with victims.

Research also reveals that first responders and rescue workers, who are usually the first to converge on the scene of large-scale crimes, experience both physical and emotional shock, and, in many cases, long-term trauma. This long-term effect is referred to by mental health professionals as Vicarious Trauma, and is an issue of great concern in my office because of our efforts to support law enforcement personnel as they work with victims of crime. Over the past year, OVC has worked with the Office for Domestic Preparedness, a sister agency within the Justice Department, to develop a victim component for a course on terrorism and weapons of mass destruction. The Office for Domestic Preparedness is partnering with the National Sheriffs' Association to deliver the victim module as part of its ongoing terrorism preparedness training for first responders. The materials specifically address the needs of victims of terrorism, with a particular emphasis on treating emergency responders as victims.

We also tapped the resources of the National Sheriffs' Association to write a handbook for first responders about how to approach and assist victims of crime. Another collaboration with law enforcement OVC is supporting is an International Association of Chiefs of Police summit to explore DNA issues which relate to crime victims.

As you can see, law enforcement in the United States is actively engaged in a wide range of activities to assist crime victims. We have been fortunate to have as our partners the leadership from many national police organizations, such as the International Association of Chiefs of Police and the National Sheriffs' Association.

Before I close, I want to recognize the dedication and personal commitment each of you displays in your daily work, and commend you for your interest in enhancing service to Japan's crime victims. On several occasions, OVC has had the honor of hosting representatives from the National Police Agency of Japan to learn about innovative policies and practices as well as efforts within the United States to respond to victims. At this time, I am extending an invitation to others who wish to visit OVC and some of the promising law enforcement programs serving crime victims in the United States. It has always been my firm belief that through sheer commitment, we can do a lot of good for all victims; and this is true whether you are in Japan or the United States. The task that we all face is quite challenging, but those for whom we fight deserve the best that we can offer at their time of greatest need.

Finally, let me say again how grateful I am for this opportunity to join you today. I look forward to this afternoon's panel discussion, and to sharing ideas and thoughts with all of you on a topic of great importance to us, not just as professionals, but also as citizens of a world where safety and security is expected.

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