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New legislation gives sex attack victims a voice

A Supreme Court Justice said she is encouraged that new legislation introduced will influence harsher convictions of accused persons, based on victims' first hand account of traumatic experiences endured during a crime.

On Monday Assistant Justice Charles-Etta Simmons presided over the first-ever Supreme Court case which heard excerpts of a victim's impact statement.

The case involved a 35-year-old Sandys Parish man who was sentenced to four years imprisonment for molesting his step-daughter over several months in 2000.

And the 13-year-old victim explained in detail how she was traumatised, victimised and physically and mentally scarred by the actions of her attacker.

Mrs. Justice Simmons, spoke candidly to The Royal Gazette about the fresh legislation - which she said is designed to "empower the victim".

And she admitted that the victim's statement left an impression on her.

"Prior to this they had no right or ability to speak to a judge to let them know how the crime impacted them," she said. "It can definitely make a difference on the sentence."

In cases heard before the Supreme Court, there was seldom any mention of the victim's pain and suffering and whether or not they were being compensated for what they have endured.

Section 63 of the Criminal Code Amendment Act 2001, which was passed last summer, ensures victims have the right to submit to the Department of Public Prosecutions a victim impact statement that details emotional trauma, stress or financial loss that a criminal act has caused.

"It doesn't happen in a trial, because through the course of a trial information already comes to light about what the victim has had to endure," Mrs. Justice Simmons said. "It can only happen during a plea. I anticipate that we will see more, particularly with persons who have gone through abuse cases. The Prosecutor has a right to notify the victim and inform the victim that they have a right to make a statement - and the court has an obligation to hear the side of the victim."

Mrs. Justice Simmons said that this was a step in the right direction for Bermuda's justice system.

And Monday's case she noted helped officially bring Bermuda on par with other jurisdictions around the world.

"This type of legislation has been in place for sometime in England," she said. "And this is legislation that will to some extent empower the victim."