Victims rights with the police
Police authorities should prioritize the safety and well-being of victims while respecting their rights. According to article 19 (Victims’ right to protection) of the Act 4/2015, about the Statute of the Victim of Crime, authorities and state agents will adopt the necessary measures according to Criminal Law in order to guarantee the protection of the victim and their family, their physical and psychological integrity, freedom, security and sexual freedom, as well as to ensure the protection of their intimacy and dignity, particularly during the interview and when testifying during the trial to avoid secondary victimization.
Police authorities should prioritize the safety and well-being of victims while respecting their rights. When dealing with the police, victims have a number of rights aimed at protecting their safety and well-being. Such as referral to a shelter, initiation of child protection procedures, the opportunity to report a crime, get information about restraining orders, make a personal safety plan and document risk assessment information. Cooperation with victim support services and health and social services play a central role in providing the necessary support.
In Spain, the police are mandated to act in cases of gender and domestic violence even if the victim does not file a report, as it is considered a public-order crime.
The police may direct victims to apply for a protection order. It is essential to inform the victims at all times. The Law 27/2003, of 31 July, governing the Protection Order for Victims of Domestic Violence establishes that a protection order implies reporting to the victim anything related to the procedural status of the offender, as well as the validity of the adopted protection measures.
The VioGén System (Comprehensive Monitoring System for Victims of Gender Violence), the EBA (used by the Basque Country’s police to sort cases related to gender and domestic violence), and the SIAV (Catalonia’s Comprehensive System of Assistance to Victims) are three risk assessment tools used in Spain, which include, among other functionalities, the possibility of carrying out risk assessments through two questionnaires:
- The case is assessed with the VPR questionnaire (Valoración Policial del Riesgo) and its main objective is to know the immediate protection needs of the victims and, therefore, report the risk to the judicial authorities.
- The risk of gender violence is reassessed with the VPER (Valoración Policial de la Evolución del Riesgo) by the protection officers of the victims.
There are three levels of risks depending on the outcome of the scores of the VPR and VPER items: unappreciated, low, medium, high and extreme.
The police should initiate child protection procedures if they have not already, ensuring the well-being of any children involved. Creating a safety plan specific to the victim's circumstances is important for their protection. Social services should also be recommended based on the victim's needs for support.
Article 11 (Act 26/2015, dated 28th July, on amendment of the protection system for childhood and adolescence) introduces the protection of minors against any kind of violence as a governing principle for administrative action, including that arising in the family environment, due to gender, slavery and trafficking with persons and feminine genital mutilation, among others.
The Organic Act 1/2004 of 28 December on Integrated Protection Measures against Gender Violence states that the privacy of victims shall be protected in all acts and proceedings relating to gender violence; with particular regard to their personal data, those of their descendants and those of any other person under their guardianship or custody.
Specifically, the current legal framework on personal data protection includes the Regulation (EU) 2016/679 of the European Parliament (GDPR) and the Organic Act 3/2018, of 5 December, on the Protection of Personal Data and the Guarantee of Digital Rights (LOPD).
