Multi-Site Survey of Victims of Crime and Criminal Justice Professionals across Canada : Summary of Victim Services Providers and Victim Advocacy Group Respondents
3. Findings from Victim Services Providers and Victim Advocacy Group Respondents (continued)
3. Findings from Victim Services Providers and Victim Advocacy Group Respondents (continued)
3.11 Victim Impact Statements (continued)
Obstacles to Use of Victim Impact Statements
As reported in Table 15 below, one-third (30%) of victim services providers believe that there are obstacles to the use of victim impact statements. Over a third of victim services providers could not provide an answer.
| Victim services (N=318) | Crown Attorneys (N=188) | Defence Counsel (N=185) | Police (N=686) | |
|---|---|---|---|---|
| Yes | 30% | 48% | 80% | 19% |
| No | 22% | 43% | 14% | 45% |
| Don't know | 43% | 6% | 6% | 36% |
| No response | 5% | 3% | 1% | 1% |
Note: Respondents could provide more than one response; totals sum to more than 100%.
As seen in Table 16, below, to victim services providers, the biggest obstacles to victim impact statements are difficulties with preparing the statement (32%) and literacy or language barriers (30%). In interviews, victim services providers commented on the lack of guidance and information on victim impact statements to both victims and criminal justice professionals as an important obstacle. This lack of guidance includes the applicable Criminal Code provisions, which victim services providers believe do not clearly describe and, in fact, overly restrict the information victims can include in their victim impact statements. For example, in cases where the charges are reduced or in cases of domestic violence, victims find it challenging not to speak of incidents beyond the offence for which the accused is being sentenced.
With respect to literacy issues, victim services providers indicated in interviews that many victims have difficulties reading and writing, and these problems are not easily detected because many victims are too embarrassed to mention problems with literacy. A few suggested that victim services providers be more proactive in giving victims options that could address any literacy issues, such as videotaped impact statements.
Other obstacles to the use of victim impact statements mentioned by respondents to the victim services survey included: the lack of awareness of victim impact statements (17%); time constraints such that victims do not always have enough time to complete the statement (this occurs most often in cases where a plea is quickly agreed to) (16%); Crown Attorney or judicial reluctance to consider victim impact statements (10%); the perception of victims that the statements are not considered (8%); and victim fear or reluctance (5%).
| Main Reasons Cited: | Victim Services (n=105) | Crown Attorneys (n=90) | Defence Counsel (n=147) | Police (n=128) |
|---|---|---|---|---|
| Inappropriate or irrelevant material | -- | 43% | 31% | -- |
| Contain inflammatory or prejudicial claims | -- | -- | 18% | -- |
| Inject emotion into the process | -- | -- | 13% | -- |
| Difficulties preparing statement or insufficient assistance | 32% | -- | -- | -- |
| Lack of awareness or information | 17% | -- | -- | 2% |
| Defence counsel objections or cross-examination | 16% | 18% | -- | 21% |
| Difficult to challenge | -- | -- | 10% | -- |
| Contradict previous statement | -- | -- | 8% | -- |
| Delays in court proceedings | -- | 11% | 3% | -- |
| Literacy or language barriers | 30% | 10% | -- | 16% |
| Victim disinterest or fear or reluctance on part of victim | 5% | 6% | -- | 13% |
| Time constraints | 16% | 7% | -- | 21% |
| Detracts from sentencing guidelines | -- | -- | 14% | -- |
| Victims are coached | -- | -- | 5% | -- |
| Are given too much weight in sentencing | -- | -- | 3% | -- |
| Perception that is not considered | 8% | -- | -- | 12% |
| Crown Attorney or judicial reluctance | 10% | -- | -- | 8% |
| Lack of awareness by criminal justice professionals | -- | -- | -- | 4% |
| Other | 12% | 13% | 13% | 6% |
| No response | -- | 4% | 5% | 9% |
Victim Impact Statements at Sentencing: Benefits
In interviews, victim services providers were asked to comment on the benefits of victim impact statements. The most cited benefit was that victim impact statements allow victims to express themselves. Through the statement, they can make both the judge and offender aware of the crime's effect on them. Several victim services providers mentioned the importance of the victim having the opportunity to address the judge because the victim impact statement renders victims' experiences more real for judges. Several victim services providers also stated that victims feel acknowledged and considered after having submitted the victim impact statement.
Another benefit to submitting a victim impact statement cited by several of the victim services providers interviewed is that it provides victims with a sense of closure; it is therapeutic for victims to write down their feelings and thoughts on the crime and its impacts. A few believe that submitting the victim impact statement allows victims to regain power and control. In addition, they indicated that submitting a victim impact statement makes many victims feel as though they contributed and provided input into the criminal justice system.
Several victim services providers believe that reading the victim impact statement in court has unique benefits for victims. Most commonly, respondents indicated that this method of submission has a greater impact on the court and the offender. Reading the victim impact statement makes it more powerful by publicly acknowledging the victimization. A few victim services providers believe that when a victim reads his or her statement, he or she is further empowered and gains increased control.
The decision to read a victim impact statement in court is very personal; respondents said that many victims are incapable of reading their statement because the court process intimidates them. For other victims, having their emotions exposed publicly leads to feelings of increased vulnerability. A few victim services providers expressed the concern that victims who are able to read their statements receive more attention and are given more of a voice in the system than those who do not desire to read them.
Finally, a few victim services providers believe that most children have not recovered enough to prepare a victim impact statement. According to these providers, many children feel that their privacy is violated because the contents of their statement are available to the accused, the defence counsel, and the public.
Victim Impact Statements at Parole
Victim Impact Statements at Parole Frequency of Submission
Very few of the victim services providers or advocacy groups surveyed could comment on the frequency of victim impact statement submission at parole hearings; 76% of victim services providers and 57% of advocacy groups surveyed did not provide an answer. Opinion was split among those who did respond, particularly among victim services providers who were evenly divided among those who believe that impact statements are usually submitted only in serious cases (8%), in most cases (9%), or not at all (8%). Most advocacy group respondents (26%) believe that victims submit statements only in serious cases; 15% said that victims usually do not submit statements; and 2% said that they do in most cases.
Assistance with Victim Impact Statements at Parole
One way to assist victims with impact statements is to ensure that they know of their opportunity to submit one. Most victim services providers did not know whether victims are made aware of victim impact statements at the parole stage (57%). Of those who could provide an answer, two-thirds (63%) believe that victims are not aware.
As shown in Table 17, the most common forms of assistance that victim services providers reported on include explaining the kinds of information that can be included in the statement, informing victims where forms can be obtained, and helping draft statements.
| Victim services (n=185) | |
|---|---|
| Explaining kinds of information that can be included in statements | 12% |
| Informing where forms can be obtained | 12% |
| Helping draft statement (assist victim with formulating his or her thoughts) | 12% |
| Explaining instructions on how to complete victim impact statements | 11% |
| Informing victims where to send completed statements | 11% |
| Helping complete the statement (write down what victim says) | 11% |
| Reviewing completed statements | 11% |
| Provide forms for victim impact statements | 10% |
| Collecting completed statements | 8% |
| Submitting completed statements | 6% |
| Other | 2% |
- Note: Respondents could provide more than one response; total sums to more than 100%.
- Respondents who gave no response are not included in this table.
Method of Submission at Parole
As with victim impact statements at sentencing, most victims provide a written statement at parole. Videotape or audiotape statements appear to be used more by provincial parole boards than by the NPB. Table 18 gives the complete results.
| Victim services (n=67) | NPB (n=84) | Provincial parole board (n=22) | |
|---|---|---|---|
| Written statement only | 69% | 87% | 86% |
| Victim reads statement | 25% | 11% | 5% |
| Videotape or audiotape | 13% | 1% | 18% |
| Other | 8% | -- | 18% |
Note: Respondents could provide more than one response; totals sum to more than 100%.
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