The Use of Victim Impact Statements in Sexual Offence Sentencing: A Critique of Judicial Practice

Abstract

This article analyses the sentencing remarks in 100 sexual offence cases from four Australian jurisdictions, supplemented by key findings from interviews with six sexual offence victims who submitted a victim impact statement and 15 professionals who work with victims. We critically evaluate judicial practice in the cases examined and identify a range of approaches that judges take to acknowledge victims in their remarks. We also use a series of examples to explore judicial practice from a victim-focused perspective. The article concludes by making two recommendations for educative processes that will assist judges to develop an understanding of how best to acknowledge victims, while still balancing the other requirements of sentencing. Specifically, we call for the publication of a victim-focused benchbook and introduction of victim-focused pre-sentencing hearings in sexual offence cases. Show more