This article analyses the sentencing remarks in 100 sexual offence cases from four Australian jurisdictions, supplemented by key findings from interviews with six sexual offence victims who submitted a victim impact statement and 15 professionals who work with victims. We critically evaluate judicial practice in the cases examined and identify a range of approaches that judges take to acknowledge victims in their remarks. We also use a series of examples to explore judicial practice from a victim-focused perspective. The article concludes by making two recommendations for educative processes that will assist judges to develop an understanding of how best to acknowledge victims, while still balancing the other requirements of sentencing. Specifically, we call for the publication of a victim-focused benchbook and introduction of victim-focused pre-sentencing hearings in sexual offence cases.
History
Publication title
Criminal Law Journal
Volume
45
Pagination
168-184
ISSN
0314-1160
Department/School
Faculty of Law
Publisher
Lawbook Co
Place of publication
Australia
Repository Status
Restricted
Socio-economic Objectives
Criminal justice; Expanding knowledge in law and legal studies