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
Easter
Romance
Theatre
6 min read

Hadestown hints at so much more

The subterranean stage hit resonates deeply.

Freya is a curate at St Mary's Church, Islington.

A theatrical staging shows a couple seperated by a man standing between them.
Eurydice and Orpheus separated.
Hadestown.com

Hadestown – a folk jazz opera interpretation of the tragedy of Orpheus and Eurydice – is currently flourishing in London’s West End. Like the myth upon which it is based, Anaïs Mitchell’s opus has had many iterations. I had been listening to these songs for a decade by the time I saw the stage show. As a Christian priest, I am used to relating all myths, narratives, and fables to the story of Christianity. And yet, it was not until I saw Hadestown performed that the resonance with the Christian “myth” hit me all at once.  

In the myth (and the musical), a hero goes down to the underworld to retrieve his beloved from Hades, god of the dead. On Holy Saturday (the day between Good Friday and Resurrection Sunday), the church celebrates Christ’s descent to the dead and his freeing of imprisoned souls. This tradition is commonly known as the Harrowing of Hell. Art imagining this victory often depicts Jesus standing atop hell’s gates, ripped off their hinges, as he plunders the realm of a bound figure. Icons have Christ encircled in ripples of light as if he’s burst through the very walls of time and space to snatch his people from Death’s clutches. In some portrayals, he is pulling Adam and Eve – the original symbols of the rift in the God-humanity relationship – from their graves. The Harrowing of Hell receives more emphasis in Catholic and Orthodox traditions, but all Christians share some concept of Christ as rescuer, saviour, liberator.  

In the mythical world of Hadestown, something is broken. The seasons have collapsed, resources are scarce. Trouble in the underworld is causing everything to be off kilter in the overworld (not an uncommon concept in ancient thought). A contemporary audience can certainly relate to references to rising seas and widespread famine, as well as to the futility and despair permeating everyone’s inner monologue. The question the show poses is: can anyone break this cycle? Is there someone who could restore a broken relationship, rescue a soul back from the underworld…even make Spring come again?  

Humanity’s potential champion is Orpheus, a young man blessed with a supernatural gift for poetry and music. He is composing a melody “to fix what’s wrong”. When the song is finally sung, “Spring will come again” – the world will come “back into tune”, and “all the flowers will bloom”.  

The foil to Orpheus’s optimism is Eurydice, his lover. In this version, she is not killed but leaves for the underground realm of Hadestown, seeking food and shelter. I was moved afresh by her lament (‘Flowers’), sung in the depths of Hadestown’s mines, as Eurydice, like the prodigal son from St Luke’s story, realises what a mistake she has made. Hadestown’s inhabitants, it transpires, are not just trapped by the city walls – they are spiritually captive, indentured to Hades and his vision: eternal industry; perpetual war. Eurydice can no longer remember her beloved’s name, but she can remember that he could make flowers bloom in winter. She sings a petition for him to come and find her “lying in the bed [she] made.” 

We the audience know all along that Orpheus is coming, thanks to the song in the preceding act (‘Wait For Me’). Upon learning where Eurydice is, he undertakes the perilous descent to the underworld, all the while repeating “wait for me, I’m coming”. In a breathtaking moment of set design, the walls of Hadestown move aside in response to the beauty of Orpheus’s song. Eurydice’s prayer is answered by his sudden appearance, and his poignant invitation: “come home with me”.  

After the bows, the cast toast to the Orpheuses of the world, who show us things as they could be.

Orpheus is soon confronted, however, with the ugly reality of Hadestown. Eurydice has already signed her life away. Beaten and defeated, his innocent worldview shattered, Orpheus sings over and over “is it true?”. He is asking something more fundamental than if what is happening around him is real. He is demanding if this, the world that is, is the world that should be. Should we let the truth belong to those who “load the dice”, he asks?  

Hadestown’s walls take pity on Orpheus as they did before, echoing his song through the mines, where the workers – millions of other Eurydices – take up his song. The Dead-to-the-world realise they have been deceived, and remember who they were. And their faith starts to grow – that if Orpheus can walk out of Hades, then they can too. They want freedom.  

Persephone, Hades’ estranged queen, is won over by Orpheus. But Hades understands the truth about love: one flower starts a Spring. The fall of a kingdom begins with a crack in the wall. Unwilling to kill Orpheus because of Persephone, Hades instead sets up the famous tragic terms: if Orpheus can walk all the way to the surface without looking back to check Eurydice is behind him, freedom is theirs. It is a test Orpheus is doomed to fail, thanks to his experience in Hadestown. The mentality of the underworld has come to live in Orpheus’s head, and so “the path to paradise” becomes “the road to ruin”, and the story meets its inevitable end.  

And yet Orpheus does not fail as completely as he thinks. His musical gift has reconciled Persephone and Hades, and this has brought Spring to the world again. After the bows, the cast toast to the Orpheuses of the world, who show us things as they could be, and leave us with the responsibility to keep singing despite the circumstances, to reject despair, to hold on to that vision of every captive soul walking out of Hell. 

Myths tell us what we collectively fear and desire. Contemporary retellings show us how these longings have changed – or not. In what C.S. Lewis called the “true myth” of Christ, we see the fulfilment of Hadestown’s hopeful vision.  An early modern hymn describes Christ like Hadestown’s Orpheus – his presence “sees December turn’d to May”, making all the ground of the expectant “under-earth” turn to flowers. He is the one who has walked “the road that no one ever walked before”. The one who didn’t need to persuade the gods to empathise with him, because he was God. The one who was the perfect advocate for humankind, because he was human. Divinity without caprice, love without finitude: the one who experienced fear, temptation, ridicule – and yet did not turn back from the task. A peasant living under occupation: “this poor boy brought the world back into tune”.  

I was fortunate enough to see Melanie La Barrie in one of her final performances as Hadestown’s Hermes. Her voice gives the divine storyteller a godparental authority: La Barrie’s Hermes doesn’t so much narrate the story as prophesies it. At the inescapable end of the play, Hermes stands looking down like a graveside mourner, searching for the words to reignite the company. Hermes seems to have a divine vocation to keep telling the tale “regardless of how it ends” until it changes. This act is presented to us as faith, hope, resistance. In this new reality, where Spring has returned and the cosmic order has shifted, the tale might turn out differently upon the next telling, and so Hermes strikes up the band once more.  

Every year we sing the sad song again. The betrayal, the trial, the burial: the body in the tomb; the disciples in hiding. For so many, the-world-as-it-is feels like an endless Holy Saturday. The tradition of the Harrowing of Hell whispers to us to hold steady, because the rescuer is coming. “The darkest hour of the darkest night comes right before the dawn”, and a crack is appearing in the wall. 

Celebrate our 2nd birthday!

Since Spring 2023, our readers have enjoyed over 1,000 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.


Graham Tomlin
Editor-in-Chief