Balancing accountability: investigations must not silence victims

Investigations into sexual misconduct allegations require careful handling to ensure both due process and victim protection, say observers addressing a persistent tension in accountability frameworks across the region.

While respondents facing allegations deserve fair treatment, critics contend that an overemphasis on procedural protections can inadvertently suppress witness testimony and create environments where complainants fear coming forward. The challenge lies in designing investigative mechanisms that uphold both principles without compromise.

Victim-centred approaches increasingly recognised in international best practices stress the importance of creating safe channels for disclosure, protecting identifiable information, and ensuring complainants have access to support services throughout proceedings. Such measures need not undermine the rights of those accused, provided investigations maintain transparency and follow established protocols.

Experience across South and Southeast Asia demonstrates that robust misconduct probes benefit from clear procedures, trained investigators, and independent oversight. When institutions prioritise only procedural compliance while marginalising victim voices, cases often languish unresolved and misconduct patterns persist.

Experts recommend that organisations developing or refining misconduct investigation policies explicitly balance fairness with accessibility, ensuring neither complainants nor respondents are disadvantaged by institutional design.