Giving victims a voice could beef up sentences
There are stepped up efforts afoot in Bermuda's legal system to make sure victims of crimes receive more consideration in the courtroom.
In recent weeks there have been several court cases involving physical assault, serious sexual assault, armed robbery and thefts, which have resulted in convictions of the attacker.
And according to one judiciary insider, it is hoped that new legislation hearing the victim's side would add more weight to delivering sentences as well as a human side to whatever crime the victim had to endure.
Section 63 of the Criminal Code Amendment Act 2001, which was passed earlier this summer, ensures that the victim has the right to submit to the Department of Public Prosecutions a victim impact statement.
The victim can detail the emotional trauma, stress and financial loss that a criminal act may have caused.
And with the victim's ordeal in mind, the courts have the discretion to deliver a harsher sentence to the attacker.
And it was suggested that in the manslaughter case of Jermaine (Red) Pitcher, his three attackers - Ryan (Tiger) Ball, Jamal (Knolly) Robinson and Keniel Ingham - may have been dealt with more severely if this law had been in effect prior to his death.
Ball was sentenced to ten years, Ingham to 12 years and Robinson will be sentenced on Thursday.
"This is still new, it has pretty much just been passed," the legal source said. "I am not sure there is an operational date as yet. Most of these laws, although they have been passed, are still in a trial stage of when certain sections can be brought into force."
But he said that the legislation was primarily put into effect as part of Government's plan to find alternatives to incarceration.
And he said victims, in their statements to the courts, can also be a saviour of an offender.
In cases of theft where money or property was stolen to buy drugs, the victim can recommend that the offender enter drug treatment, thus not burdening the prison system.
However, he said that those have been rare cases.
It was also pointed out that in only cases that are deemed serious would there be consideration of a victims statement.
However in the recent cases heard, 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.
And community activist, Richard Powell has taken issue with this fact.
He has taken the legislation to task, saying it was too vague and does not go far enough to make criminals accountable for taking advantage of their victims.
Mr. Powell, who is the owner of Lines Food Mart and a former victim of crime himself, said accused persons should be made to compensate their victims.
"This is a victimless society," he said. "This legislation doesn't go far enough. I feel very strongly that the victims are denied the right to confront their assailant. Somebody beats you up and their assailant just gets sent to jail.
"A victim should be compensated for a loss, particularly when there is a theft. Sometimes things that are stolen have sentimental value - why shouldn't that be replaced? If someone steals from me, why should I have to work twice as hard again to replace it?"
He added: "I can't imagine what it must be like for a woman who was raped. These guys should be made to be humiliated - the law doesn't go far enough."
