Column
Culture
Justice
Trauma
4 min read

Do victim statements offer up drama or justice?

Recent tragic cases highlight the changing audience for impact statements.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A classical court house with a statue on top of a dome.
The Old Bailey.

It’s a lesser-known irony of ancient history that it was Roman Emperor Tiberius who introduced Justitia to the pantheon of the gods, as the goddess of justice. Ironic in that it was Tiberius’s minion, Pontius Pilate, in remote Judea, who had history’s worst day at the office, administering Roman justice so cack-handedly on an insurgent preacher and miracle-worker from Nazareth that he sparked a chain of events on which a whole new system of (at least western) justice was founded. 

Justitia was the antecedent of Lady Justice, whose statue adorns the dome of London’s central criminal court at the Old Bailey – and many other courts besides. She invariably holds the judicial symbols of weighing scales and a sword. And she is often blindfolded, though not on the Old Bailey, despite such constitutional eminences as the shadow justice secretary Robert Jenrick erroneously claiming she is. 

The blindfold, scales and sword symbolise Lady Justice’s impartiality, the primacy of evidence and the equality of all before the law. We’ve grown accustomed to the rule of law in our democracy being applied blindly and without emotion. Convicted murderers are often described as having acted in cold blood and we expect justice to be served on them in the same manner, coldly. 

It’s in that context that I want to examine one way in which Lady Justice is going a bit wrong these days. It’s not about miscarriage of justice, so much as the dispassion of it. I’m talking about the victim impact statement, introduced in the UK in 1996, which comes between conviction and sentencing. 

It was meant to be an opportunity for victims and their families to tell the court of the impact and effects of the crime committed upon them. And, in that sense, to assist the judge or other sentencing authority to deliver an appropriate degree of punishment. So it is about the impact of the crime on those most directly affected by it. 

That appears no longer to be solely – or even in some instances partly – the case. The victim statement now seems to be an opportunity for the irreparably damaged to sound off at the defendant, to vent their pain and anger and contempt for and at the wretched convict. 

Take John Hunt, the BBC correspondent who lost his wife Carol and two of their three daughters, Hannah and Louise, to a multiple murder (and rape) one day last summer. His victim statement was less about the unimaginable effect these crimes have had on him and his surviving daughter, Amy, than about the divine judgment he would wish to call down on the murderer, Louise’s former partner Kyle Clifford. 

It really served no judicial purpose. It’s impossible to conceive that anything Hunt had to say had the slightest influence over the judge’s intention to pass down whole-life terms on Clifford, which he duly did. Its sole purpose seems to have been to allow Hunt to have his day in court, as it were, and who would wish to deny him that? But that does undermine the explicit purpose of the victim statement. 

Hunt himself conceded as much at the start of his statement when he said of his victim statement:  

“I initially misunderstood its purpose. Do I really need to detail the impact  of having three quarters of my family murdered?”  

He’s right – he didn’t. But he saw it as his “final opportunity” to address his family’s murderer. There followed an excruciating and heart-rending verbal attack on the convicted prisoner, culminating with the prophecy of his despatch to hell on his “dying day”:  

“The screams of Hell, Kyle, I can hear them now. The red carpet will come out for you…” 

I can’t know if Hunt would prefer the death penalty to be available to despatch his family’s killer immediately. One suspects he probably does. I oppose it, one reason being that it can leave no room for penance and redemption. We must surely all agree that Hunt gets a free pass on that rationale, but with no more severe sentence available than that which was passed, again we must ask what the purpose of the victim statement was. 

If it is simply to wish a hellish death on the perpetrator, then again we need to ask what purpose is being served and, indeed, if it’s healthy both for the judicial process and for the victim who delivers the statement. 

The same thought arose at a pre-sentencing hearing of the recent Nottingham murderer, when the son of one of the three victims, James Coates, told the killer:  

“Valdo Calocane, you claim the voices told you to kill these innocent people. Now listen to me, kill yourself.” 

Is that about impact? I don’t think so. I fear it has more to do with theatre in a media age that is insatiable for drama. Part of the purpose of the law is to maintain a distance between those affected emotionally and those who have committed crimes against them. 

Remove that and we reduce not only some of the justice for criminals to mere spectacle, but also in some degree respect for their victims and, indeed, the quality of mercy. 

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Article
Culture
Fun & play
Holidays/vacations
5 min read

How were your holidays, Molly-Mae?

How to deal with the disappointment of influenced vacations

Susan is a writer specialising in visual arts and contributes to Art Quarterly, The Tablet, Church Times and Discover Britain.

Influencer Molly_Mae poses beside her luggage.
Where next?
@mollymae

The thrill has gone. So gone. Holidays, once the highlight of the year have become bottomless seas of disappointment. When the luxury travel bestowed on influencers like Molly-Mae Hague amounts to “not done one fun thing”, how can holidays become joyful again? 

Travellers’ tales have always dappled dark through the light. Whose heart does not go out to the Wedding Guest, cornered into listening to the Ancient Mariner’s story of seafaring mishaps in Samuel Taylor Coleridge’s poem? Even St Paul found some of his Eastern Mediterranean journeys trying: “in toil in hardship, through many sleepless nights, through hunger and thirst, through frequent fastings, through cold and exposure.” Taking a different tack, Chaucer’s seasoned pilgrim the Wife of Bath, with Jerusalem, Rome and Santiago under her belt, advised seizing whatever opportunities for pleasure your location afforded:  

“I made my visitaciouns, To vigilies and to processiouns, To prechyng eek, and to thise pilgrimages, To pleyes of miracles, and to mariages.” 

Admittedly the scope for miracle plays and marriage proposals is limited in a travel landscape of overcrowded airports beset by delays, ‘lively’ cruises and plane rage. Other people and sky-high expectations are travel’s inescapable bugbears. 

A mother of two who left a Mediterranean cruise early, because of fellow passengers’ drinking and raucous behaviour, according to reports had paid £3,000 for a fortnight’s family holiday. Working out at less than £72 per person, per day it’s difficult to know how the cruise company could cover the costs of providing full board and sailing around the Med, let alone supply staff for the allegedly tardy vomit cleaning on deck.  

Cheap travel always comes at a price. But we wish it didn’t. BBC’s Race Around the World is wildly popular because it presents budget travelling with the tedium edited out, or at least fast forwarded. And with medical teams and security advisers on hand, to protect contestants from serious harm. This is a world away from shoestring travel as we know it: getting transport and arriving at times of day nobody would choose, waiting in the freezing cold or boiling heat and weighing up the loos’ likely state against your growing desperation. Budget airlines let us travel amazing distances at, sometimes, amazing prices, but the hard currency we pay in is time, as protracted boarding, cabin bag size cat-and-mouse at the gate, peripheral runways and middle of nowhere airports, devour the hours.  

But media exhortations to ‘see the world’ and digital nomad lifestyles, regardless of resources, airbrushes this reality away. Except when travellers fall ill having ‘forgotten’ or trimmed travel insurance from holiday budgets. Then their Go Fund Me appeals, complete with hospital bed photo, are treated with derision, echoed by rafts of comments delighting in the misfortune and pain that ‘serve them right’. 

Into this moral soup of self-pity for our own travels’ pitfalls, scorn for those even less successful at having a good time than we are, and envy towards travellers who buy their way free of inconvenience, land influencers such as Molly-Mae and sister Zoe-Rae.  

Instagram’s illusionary nature does not diminish the hard work and talent needed to create an endless stream of beige outfits and bikinis by the pool image

In July Molly-Mae lamented to her 8 million Instagram followers that she had “not done one fun thing all summer”, despite sharing trips to Budapest, Dubai, St Tropez and Disneyland Paris. Notwithstanding flying by private jet, Disneyland Paris was at times “unenjoyable” due to the school holiday weekend crowds, and visitors surreptitiously taking phone photos of the influencer and recently reunited partner, boxer Tommy Fury. A more recent trip to the Isle of Man in a new £86,000 motorhome, acquired by Tommy so their two-year-old daughter Bambi could experience more “normal” holidays, also had its challenges.  The “spontaneous” journey from Cheshire “literally booked the ferry to the Isle of Man an hour before we needed to leave”, was marred by ferry delays, navigating to the camp site, and their toddler’s vocal displeasure at a disrupted routine, resulting in Bambi being “so unhappy”.  

Also in July, Molly-Mae’s fitness influencer sister Zoe-Rae, told her 645,000 followers that Uluwatu in Bali proved so disappointing, she and husband Danny abandoned their anniversary trip after 48 hours. Zoe’s chief lament was the difference between their experience of the resort and what social media had led them to anticipate. “We came here with high expectations... Lovely places to eat and beaches, and lovely gyms and coffee shops. But I don't think the reality of Bali is shown much at all, and I do think it is down to a lot of influencers posting the more luxury side of things.” Zoe’s “lot of research” was not enough to bridge the gap between the reality of being in densely populated Indonesia, ranked an upper middle-income country by the World Bank, with wide income disparity and welcoming up to 16 million tourists this year, and Instagram’s filtered images. 

For sisters who make a very good living from social media, it is intriguing the staged nature of Instagram images did not overly inform their travel decisions. Influencers’ shots of travel perfection come from, sometimes physically, pushing out people and necessities of everyday living from scenes. What is presented as relatable or aspirational is fantasy. 

Instagram’s illusionary nature does not diminish the hard work and talent needed to create an endless stream of beige outfits and bikinis by the pool images. But the aspirational, five-star lifestyle this is supposed to represent feels like something dreamed up by marketing or algorithms, rather than a true representation of individual desires. Influencers’ flurry of bizarrely timed ‘luxury’ travel should be read more as work contracts than recreation. 

Succession creator Jesse Armstrong deliberately created the world of media mogul Roy family to be bland, beige, corporate luxury, with each under-appreciated home around the globe looking like the other. Community, local culture and people other than the Roys go unacknowledged. In an event with Armstrong, former Archbishop of Canterbury Rowan Williams said the phrase “boring as hell” is no accident, and that to live life purely for our own pleasure and gain, without connection to others, is a living hell. 

The rise of ultra endurance sport holidays such as the UltraSwim 33.3 in Croatia, recreating the distance of swimming the Channel, marks a trend for travellers seeking transformation rather than relaxation from time off. Humans evolved through facing challenge and adversity. 

And such transformation is not only the preserve of the sporty. Last year on a tour of eastern Romania’s painted monasteries, a monk showing us Neamt Monastery’s candlelit, skull-filled catacombs said travel taught two things: life is lived in days not years, and to learn to be patient and accepting of each other, however long it took. If Molly Mae’s family fancied taking their new motorhome on eastern Romania’s authentically surfaced roads, discovering the joy in each finite day, and finding locals’ and fellow travellers’ inherent worthiness, rather than irritants to be airbrushed away, that’s a post we could all relate to. 

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Since Spring 2023, our readers have enjoyed over 1,500 articles. All for free. 
This is made possible through the generosity of our amazing community of supporters.

If you enjoy Seen & Unseen, would you consider making a gift towards our work?
 
Do so by joining Behind The Seen. Alongside other benefits, you’ll receive an extra fortnightly email from me sharing my reading and reflections on the ideas that are shaping our times.

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