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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Review
Culture
Film & TV
Trauma
5 min read

Unforgivable: Jimmy McGovern’s brave storytelling

Intelligent, understanding, and compassionate stories of a family affected by abuse

Henry Corbett, a vicar in Liverpool and chaplain to Everton Football Club.  

  

A family sit together watching a trial in a court.
BBC.

Jimmy McGovern would rather be called a storyteller than a writer. 

And what important, life-changing stories he has told. 

His 1996 TV film Hillsborough told the true story of the disaster in which 97 Liverpool supporters lost their lives. His 2014 story Common was written after he received a letter from a woman whose son was in prison unjustly under the Joint Enterprise Law. His 2017 BBC series Broken showed a caring priest dealing with a mix of situations, including the often hidden, catastrophic effects of gambling addiction. 

In those, as in all the stories he has told over the last 45 years, he seeks to serve the story, to be each character’s best barrister where possible, and to help an understanding of the often-complex situations the characters find themselves in. 

Brave, important stories, and here is another extremely brave story. 

A psychologist who worked with sex offenders contacted McGovern with the stories she was encountering in her role, and she mentioned the disturbing fact that so many people who abuse children have themselves been abused. A story that needs to be told? So to Unforgivable

Joe, played by Bobby Schofield, is in prison for sexually abusing his young nephew Tom. Tom blames himself for not saying more at the time. Joe’s sister Anna, played by Anna Friel, is trying to cope with her son Tom’s silences that are only interrupted by a “Yes” or a “No”. She has to go into school after Tom has been involved in a fight and amidst all this her and Joe’s mother dies, “from a broken heart”. Who broke her heart? Joe, surely. Joe’s father Brian, played by David Threlfall (the cast are all brilliant), agrees with his daughter Anna: they are both furious with Joe. His mother was the only person from the family who visited Joe in prison. Joe cannot come to his mother’s funeral. And young silent Tom has an older brother Peter who sits at the table with a stressed mother Anna and a non-communicative younger brother Tom. The whole family is blitzed. 

The mother’s funeral happens, and then Joe’s release date from prison comes. Where can he go? Right safeguarding procedures are put in place and he goes to St Maura’s, a place under the caring watchful eye of Katherine, an ex-nun, played by Anna Maxwell Martin. 

Joe is ashamed, penitent: “I am just a piece of s**t”. He gets spotted as he walks alone by the River Mersey and gets beaten up. In hospital the nurse asks “Why?”. He tells her that he is a child abuser and wonders if the nurse will continue to help him. She does. Is his life worth living, shunned by family, beaten up by lads who know him? 

Two things move him to action. The ex-nun goes with him to therapy sessions and tells him of her breast cancer. He is sorry to hear that. And he tells her the story of his abuse at the hands of Mr Patterson the football coach of his very successful under-12 team, and not only of his abuse but of one of his team mates too. 

The case against Mr Patterson goes to court, the family hear of Joe’s abuse, and Anna has another level of stress to deal with: if the abused often become abusers, then what about her Tom, will he become an abuser? Of course, not necessarily, and the other abused player tells Joe he didn’t go on to become an abuser. 

Not for one moment is the drama being soft on the horrors of child abuse. Joe was wrong, totally wrong. His act of abuse has and is affecting the whole family massively and tragically, and he should go to prison, serve his sentence and when he comes out there should be vigilant, effective safeguarding measures put in place to stop any repeated abuse. And child abusers can be very manipulative, can put on acts of contrition, and go on to abuse others. Not for one moment should we lower our guard. 

So where does this leave us? Many of us at some stage may be in the company of a family where a shocking, shattering act of child abuse has taken place. How do we respond? Do we blank the offender, wish them dead or in prison with the key thrown away? Are they inhuman monsters, just “pieces of s**t” as Joe describes himself? But Joe is a human being, he does seem penitent, and he was himself abused and he has taken his abuser to court to stop that person abusing others. What of others in the family? Anna’s hate, the father’s hate, the older brother feeling side-lined, Tom’s monosyllabic “yes” and “no”s, the desperate burdens they are carrying. How do we respond to them? 

A story-teller’s role is sometimes to ask awkward questions. Here is a final awkward question: is Joe forgivable or unforgivable? 

It’s also an ancient question. The unforgivable sin that Jesus talks of is the sin against the Holy Spirit, and that is calling good evil and evil good. Joe calls out his abusive act as the work of a piece of s**t. He goes after the person who abused him to prevent others suffering from a horrible, wrong, bad, traumatising act. 

I’ll finish with thoughts from people who know something of abuse, torture, injustice. 

Bryan Stevenson, the American lawyer and activist who has worked with many people on death row, says: "Each of us is more than the worst thing we've ever done." 

Desmond Tutu and his daughter Mpho who lived through the atrocities and abuses of apartheid say in their Book of Forgiving that forgiveness is not easy, is not a sign of weakness, is not forgetting, and is not quick. They suggest a fourfold path: telling the story, naming the hurt, granting forgiveness, and, depending on the situation, renewing or releasing the relationship. 

Jimmy McGovern tells the story and names the hurts movingly, bravely, and compellingly. 

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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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