Victimhood, truth and criminal justice failure in relation to anti-homosexual violence and killings in New South Wales

ABSTRACT

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.

KEYWORDS:

• Victimhood
• Violence
• Hate Crime
• Homicide
• Victims

Notes

1 The number of unsolved NSW matters referred to in press reports and other communications is varied. Nevertheless, a total of more than 500 killings is often mentioned (SBS News, 2018).

2 AIDS Council of NSW

3 This was done with the assistance of Dowson Turco, a Sydney law firm with a strong focus on “LGBTI” legal issues.

4 The NSW Police announcement of a $1m reward for case breaking information in relation to Scott Johnson’s death (SMH, 2018b) was an unexpected but welcome development in late 2018 following adverse publicity and critical testimony to the NSW Parliamentary Inquiry. It is too early to judge if this signals a major shift in relation to the detailed reinvestigation of this and similar unsolved cases.