Page 640 - Magistrates Conference 2019

MODEL GUIDELINES FOR SEXUAL OFFENCE CASES IN THE CARIBBEAN REGION

6. Mitigating factors may include:
• age of offender;

• guilty plea (early or late, the saving of court resources);
• prior record (related or unrelated);
• expression of remorse; and

• cooperation with authorities
• background or heritage and the kinds of sentences that may be appropriate for persons from
indigenous communities or persons with a disability or other background information that may be
relevant.

7. Specific sexual offences may have mandatory sentences depending on the age of the complainant and
the age of the defendant.

8. In some jurisdictions, where the complainant and the defendant are both children or close in age, lower
sentences will be made, including in some cases non-custodial sentences.
9. A victim impact statement must be sought. The court should take the opportunity to determine the impact
of the sexual offence on the complainant, especially where no remorse has been expressed or where the
offence forms part of a pattern of offences by the same offender.

5.3 VICTIM IMPACT STATEMENT

1. The victim impact statement is organized by the prosecution and facilitated by the court. The purpose
of the victim impact statement is to give information to the court as to how the offence has affected the
complainant and help the court understand the complainant’s views about the offending as well as make
the offender aware of how their offending has impacted the complainant.
2. A victim impact statement may be given in writing or in person. If in person, the court shall give directions
such as whether the statement will be given in open court or from a remote location via live link. Where
the complainant gave evidence via live link, the victim impact statement should also be given via live link.

3. The court shall also give directions for the presence of a support person with the complainant for the
victim impact statement where needed.

4. Where the complainant is a young child, the court may give directions for the victim impact statement to
be given through or with the assistance of an intermediary but should consider whether the attendant
hardship and trauma that may be caused to the child will outweigh the usefulness of the victim impact
statement.
5. The victim impact statement should contain details of any physical injury or emotional harm or financial or
other loss to the complainant as a result of the offence as well as any other impact on relationships, work,

GUIDELINES FOR THE TRIAL PROCESS | 41