Victim impact statements need reform
Giving a victim impact statement can be therapeutic, but the process for doing so is often confusing.
The study recommends the gathering of detailed statistics regarding VIS in sentencing proceedings. Image: iStock
Crime victims and their families can be challenged by trauma, feelings of shame and fear of the court when weighing up whether to make a victim impact statement, suggests a University of Sydney study.
Yet most crime victims and their families value giving a victim impact statement (VIS) and report it is therapeutic. The study involved over 60 victims of crime and 30 victim service professionals in New South Wales between 2010 and 2011.
鈥淰ictim impact statements offer victims of crime the opportunity to reconstruct the traumatic story from their perspective, to assess the harm, make meaning of their suffering and have it validated by having their story heard in public,鈥� said Fiona Tait, who completed the study for Masters Research in Criminology.
鈥淓ven crime victims unhappy with the sentence given to the convicted or their experience of the courts find giving a victim impact statement to be worthwhile.鈥澛�
However, fear of cross-examination, knowing the convicted person and concerns regarding personal exposure through media coverage can hinder crime victims from making a statement and affect what they choose to say, the study suggests.
鈥淪ome victims have no desire to continue their engagement with the criminal justice process beyond conviction. Some are too traumatised to be able to consider a victim impact statement, while others gain empowerment and a sense of personal autonomy from choosing to do so,鈥� said Ms Tait.聽
The study suggests some crime victims, support agencies and criminal justice professionals are confused about the exact purpose of victim impact statements and their influence on sentencing decisions.聽
The time is right for a review of the NSW guidelines for dealing with such statements.
More than 50 percent of the crime victims interviewed for the study reported having their statements edited. Edits are often required by legislation, such as instances where details are no longer admissible after a charge sheet is updated.
Crime victims were not always consulted about the edits prior to them being made, and often little explanation was given, the study notes. In some cases these edits resulted in anguish for those who had carefully considered and detailed their experience of the personal impacts of the crime.聽
鈥淭he time is right for a review of the NSW guidelines for dealing with such statements, particularly now that statements delivered by family victims can be considered during sentencing. Clearer legislation and improved practices could聽 prevent crime victims being further traumatised by the editing of their VIS and inconsistent management of their expectations about their influence come sentencing,鈥� said Ms Tait.聽
NSW Commissioner of Victims Rights Mahashini Krishna has welcomed the report, which will help improve the government鈥檚 response to victims of crime and their families.
鈥淭he NSW Government is committed to treating victims with care and compassion and ensuring they receive help when they need it,鈥� Ms Krishna said.聽
鈥淲e support Fiona Tait鈥檚 research and are already in the process of implementing some of her recommendations including an online video that will make it easier, simpler and faster for victims to fill out victim impact statements.
鈥淰ictims Services is also in the process of creating fact sheets, improving frontline services to ensure staff can be better support victims and working closely with the Witness Assistance Service to educate counsellors about Victim Impact Statements."
The study also recommends the gathering of detailed statistics regarding VIS in sentencing proceedings, data not currently recorded or available in NSW.