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Victim impact statement survey results

Home: Survivors: Survivors Have Your Say: Victim impact survey results

1. What country do you live in?

19 responses

Australia 84.21 %
Other 15.79 %

2. Did you go to court in relation to what happened to you?

19 responses

Yes 73.68 %
No 21.05 %

3. Did you give evidence in the County Court, where there is a jury present?

16 responses

Yes 43.75 %
No there was no jury, just a judge 31.25 %
No there was a magistrate 12.50 %
Not sure 12.50 %

4. Did the offender(s) plead guilty or not guilty?

16 responses

Guilty 37.50 %
Not guilty 56.25 %
Not sure 6.25 %

5. At any time during the court process, were you asked to prepare a Victim Impact Statement (VIS)?

16 responses

Yes 56.25 %
No 31.25 %
Not sure 0.00 %

6. Who asked you to write/prepare one?

15 responses

Police detective 33.33 %
Police SOCA member 26.67 %
Prosecutor 6.67 %
Judge 0.00 %
Was never asked to prepare a VIS 13.33 %
I already knew about them 6.67 %
Other 13.33 %

If 'Other' please specify

My mom found one in a internet search and requested it to be presented to the judge.
The judge who has been working in this area for decades stated he had never recieved a victim impact statement before. Unbelievable...
I don't remember much about the court case because i was only 8 years old.

7. Did you know what to do?

17 responses

Yes 11.76 %
No 29.41 %
Kind of 47.06 %

8. Did anyone help you to write/prepare your VIS?

14 responses

Police detective 14.29 %
Police SOCA member 14.29 %
Counsellor 14.29 %
Family member 0.00 %
Friend 0.00 %
No-one helped & I would've liked help 14.29 %
No-one helped - I didn't need help 28.57 %
Other 14.29 %

If 'Other' please specify

It was an easy check mark or multiple choice fill in the blank form
I don't remember much about the court case because i was only 8 years old.

9. Were you able to include all of the information you wanted to?

11 responses

Yes 63.64 %
No 36.36 %

10. If 'NO', what kinds of limits were imposed on you?

i didnt know what to write, it hurt just going to court, let alone facing it all again
No additional comments section but it really impacted the judge nevertheless.
no because i was not alowed to be in the same room as the offender because he was my father.
because I was scared what would happen when dad found out what I had been hiding from him because he is a police officer in the detectives unit
I did not do a VIS, however, I believe that one form of limit is the victim not yet being aware of all the impacts still to come. When I went to court I didn't realise that I had OCD, panic attacks, and alcoholism, an abusive relationship, or the sense that my damn parents will STILL not learn the extent of my damage, or that I cannot form / keep friendships in the sense that other people can. so, perhaps kids should have a tick list to prompt them, or a counseller to assist, or a STANDARD statement of all typical impacts should be given for every victim.

11. Did you think a VIS would:

14 responses

Be an opportunity to have your say 42.86 %
Assist the court in coming up with a fair sentence 7.14 %
Make the sentence higher 7.14 %
Help the court to understand what happened to you 14.29 %
Other 28.57 %

If 'Other' please specify

The imapct it has had obn mylife
help court to understand what happen and the impact of the exprience at that point in time. also help the polic to prepare the case
be an important step for me in my perosnal "healing"
say how I was feeling until dads mates started talking about what dad was going though
Make my Mum happy - she really wanted me to do it, but I didnt want to.

12. How was your VIS presented to the court?

13 responses

The judge read it in private 30.77 %
The judge read it to the court 38.46 %
I had to give evidence 30.77 %

13. Were you cross-examined by the offender's lawyer?

14 responses

Yes 42.86 %
The judge wouldn't allow it 21.43 %
No 35.71 %

14. If 'YES', what were you questioned about?

what he was doing, why i did not say anything, what i was wearing.
abuse - details of where, when, what happened, clothing, etc.
memories, my recollection of events
A lot of what seemed irrelevant
If I had intended to lead the guys on or just do it for fun and then change my mind
Everything - I even got asked whether I was wearing panties or nickers (whats the difference??). I was asked a lot about the details and the court was interested in the timeline of the offences which I struggled to remember. This was embarressing.

15. How long were you cross-examined for?

8 responses

About half an hour 25.00 %
About an hour 0.00 %
More than an hour 50.00 %

16. How did you feel about the way in which your VIS was used by the courts?

12 responses

Very satisfied 8.33 %
Quite satisfied 25.00 %
Not sure 50.00 %
Quite dissatisfied 8.33 %
Very dissatisfied 8.33 %

17. Could you write a little about why you felt satisfied or dissatisfied about the process?

It was my own way of being able to express the hurt that I felt
Because it was the first time a VIS was used in these type of cases and I hope they will be used in the future.
I don't remember much about the court case because i was only 8 years old.
i felt i have been heard by the judge and it was important to me. it had an impact on the sentencing. i was told that the offender had read it too. i think it is important for the offender to know the impact but i did not like the idea of him having access to my information as i was not able to know about his information
because of some loophole in the law most of it had to be blocked out with a black marker so the judge couldn't actually read it. this was because he couldn't be charged with rape becuase of the loophole, but that was what he did to me. I think in the end only a few sentences here and there in the whole thing remained intact.
I was still really scared about what was happening and not sure if I was right by doing the whole investergation still after 5 months.
My case did not involve a VIS. this is kind of irrelevant but i need to share it - the court forgot to provide me with the person who's meant to sit with me. The judge declared to the room that my abuse (9 years worth) was not so bad because it was a by a relative not a stranger. the whole thing was dreadful. despite it, i went to court as a last attempt to stop my nightmares, and they did stop.
I didnt understand why it was being read to the whole court. I just wanted him to say sorry.

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