Survivors seeking to protect victims’ rights
Survivors of violent crimes by those declared insane should be afforded the same rights as other victims, a nurse petitioning to change the law surrounding victims’ rights, says.
Wendy Hamer and the MP for Nelson, National’s Nick Smith are launching a petition at Nelson’s Saturday Market.
‘‘Wendy’s Petition’’ aims to amend the law to ensure victims of crime where the offender is found insane receive the same rights and protections as other victims.
Hamer was punched, kicked, stabbed and scalded with boiling water by mental health patient Blair Swain, when she visited him in respite care in Nelson on New Year’s Eve in 2009.
He was later found not guilty of attempted murder by reason of insanity.
In October, Hamer spoke out after Swain was transferred back to a Nelson psychiatric unit in her hometown without her consultation or knowledge.
‘‘This has nothing to do with the guy who attacked me, this has to do with the system.
‘‘It should make no difference to the rights or protections provided to the victim whether the offender was insane or not.
‘‘It is difficult enough coping with a not guilty by way of insanity,’’ Hamer said.
‘‘I’m a Joe Bloggs sort of person doing my job. I’m doing this for the underdog. All I am asking for is that victims have the right to have a say in the court hearing and on any subsequent decisions for placement and release of special patients by the health authorities.’’
Hamer said the support she had received from friends, family and the community had been heartening. ‘‘It’s really nice to be heard. It’s fabulous for someone to say, this isn’t right and to want to make changes.’’
A second survivor, Sarah*, who came forward to support Hamer after she spoke out, said she was glad the nurse was making a stand.
‘‘I am grateful to have the opportunity to support her. It is impossible to recover when the original atrocity is compounded by the trauma of injustice in the aftermath.’’ Sarah was violently raped in a home invasion by a man who was later found not guilty by reason of insanity. She has suffered posttraumatic stress disorder and a traumatic brain injury from her attack which made some everyday tasks ‘‘impossible’’. She feared that one day she would face a similar situation to Hamer.
‘‘I am appalled that Wendy has had to deal with her attacker being relocated into her community and work environment without having the right to know anything about his status ... The offender’s right to recovery is paramount and the victim is discounted.’’
Smith said he was ‘‘surprised’’ by the number of other people who had also been affected as victims where the offender was found guilty for reasons of insanity. He respected Hamer’s willingness to take up the cause, he said.
‘‘The experiences are so traumatic that it’s rare for people to have the courage and strength to drive a campaign for reform.’’
Along with Hamer and other survivors, Smith intends to present the petition to Parliament in March. He said the petition was timely. ‘‘Wendy’s is not an isolated case. ‘‘The number of defendants found not guilty by way of insanity has increased significantly from four in 2000 to 36 in 2017.’’
Law reform was ‘‘always a huge task to achieve’’, Smith said.
‘‘But the end point for me is a law change that recognises the rights and protections of victims.’’
* Surname withheld