Victim Impact Statements: Are they going anywhere?

“…He is broken and simply can not be fixed. He has been incarcerated before and it apparently had no affect on him what so ever because he obviously has no qualms about committing more and worse crimes. He also does not seem to have any remorse for raping me or stealing from my family. Nor is he willing to accept responsibility for or acknowledge the severity of these heinous crimes. Throughout the trials he has been sneaky and manipulative and even while he was raping me and stealing from us he kept saying over and over “see this isn’t so bad” “see I’m not such a bad guy”. If anything his lack of acknowledgement and seeming oblivion to the cruelty and brutality of his crimes should in no way excuse his behavior, but should serve as further evidence of his complete lack of moral character, and as to why society should no longer be subjected to the presence this ‘human being’.”

(This is an excerpt from a victim impact statement written by a woman whose home and body were both violated in the same night)

Typically a victim impact statement, VIS, is given during the sentencing phase of a trial and is a very emotional occurrence for anyone who witnesses it. They are typically delivered by the actual victim or people close to the victim. The purpose of victim impact statements is to allow the victim an opportunity to personalize the event and to express to the court what personal repercussions they suffered. These could be anything including financial woes, loss of job and wages, medical treatment and permanent physical damage, mental and emotional instability, and fear of daily life and possible reoccurrences if the defendant were allowed his/her freedom. During this time of the trial the convicted person(s) may not speak nor are they allowed any type of rebuttal following the proceeding.

The issue of proportionality (8th Amendment) is brought up as a constitutional conflict during VIS readings. It has been argued that if a VIS is given by a compelling and articulate person, the defendant will more likely receive a higher sentence than if the VIS was given by someone who was not compelling or articulate.

The 14th Amendment has also set the foundation for arguments against the use of VIS’ in court. This contention is that VIS’ violate the Due Process clause in the 14th Amendment that guarantee the defendant be free from unfair prejudice. Here the defendant fears the evidence brought up in the VIS will render his case fundamentally unfair and prejudice against his favor.

Be that as it may the use of VIS in court is not going anywhere. A recent survey by the National Center for Victims of Crime found that when victims were asked how important it was to be able to read a VIS, 80% stated that it was “very important”. It appears that the only people who are protected by our criminal justice system are the criminals themselves. Where is the Bill of Rights for victims? VIS’ and victim rights are very popular among Americans. We wish to see the “bad guy” put away and the victim to be able to heal their wounds. As it is, any politician who outwardly expresses his or her disdain for VIS’ is ultimately committing political suicide. The emotion and support surrounding the issue of VIS’ is strong and steadfast.

Female Genital Mutilation: A cultural debate

Female Genital Mutilation (female circumcision), or FGM, as a cultural tradition marks the transformation of a young girl into a woman. FGM is also used to inhibit a woman’s sex drive and ensure her purity for marriage, which in turn ensures she will be suitable for a husband. It is a tradition in many cultures, particularly in Africa and some Middle-Eastern countries, which has been practiced for thousands of years.


There are 4 types of FGM. Type I involves the partial or total removal of the clitoris and the surrounding tissue is removed. This type is also known as a clitorectomy. Type II, or excision, is the total removal of the clitoris, and partial or total removal of the labia minora. This is the most widely practiced form of FGM. Type III, or infibulation, is the total removal of the clitoris and labia minora. The vaginal opening is stitched together leaving a small opening for menstruation and urine flow. This type is seen as the most severe form of FGM. Type IV includes stretching, piercing, or cauterization of the clitoris and/or labia minora. To get a better understanding of these procedures you can see images depicting the different types of FGM by visiting:
http://www.middle-east-info.org/league/somalia/fgmpictures.htm


**The followin is a very graphic and disturbing video of an actual FGM procedure on a young girl. This video may not be suitable for young viewers.

Every year over 3 million girls are cut. The procedure is often carried out by a local practitioner, midwife, or lay person. It is usually done without the use of anesthesia. Knives, razorblades, and broken glass are the most popular tools to perform FGM. There is no particular age in which FGM is performed as it varies by village. Some villages may conduct the procedure immediately after birth and some may wait until the woman is in her teens or early twenties.


The health repercussions a female suffers are both mental and physical. Their wounds are subject to infection, hemorrhaging, urine retention, and post-operative shock, all of these having the potential to result in death. During childbirth the physician may need to reopen the mother to allow enough room for the child to pass through. After birth the woman is stitched back up and this procedure must be done with each child the woman has. The woman may also form scar tissue around her small vaginal opening making intercourse painful for her and her husband. There is also a risk of HIV infection as typically all eligible girls in a village are cut on the same day once a year using the same set of tools. FGM has also left many women without any feeling in their genital area, making sexual intercourse meaningless as they are unable to have any sexual response.

There are also repercussions for not having the procedure. There is a high possibility that sanctions will be brought against the girl and her family. She will most likely not find a suitable husband and circumcised girls will no longer associate with her. She will not be allowed to assume “adult woman” positions in the village as she will still be seen as a child. In order for a woman to be culturally and socially acceptable she must undergo FGM.



Recently there has been an international debate on FGM and legislation forbidding its use. It is an age old cultural tradition, is it right to impose the beliefs of others who are against FGM on a cultural that has been practicing it for thousands of years? Or do we value basic human rights of individuals more than culture traditions? In conjunction with 9 other countries who receive immigrants from countries who perform the procedure, the United States has criminalized FGM. Yet the debate continues as to whether or not we have the right to do so. Women will no longer be subject to this type of abuse, but won’t they still be sunned by members of their community? We may have the power to create law, but this does not mean the cultures that practice FGM will change.

Sexual Assault in our Prisons

One of the most frightening aspects of going to prison is not the likelihood of bad food, or the fact that you’ve essentially lost most of your freedom. Perhaps instead it is the threat of being sexually assaulted. Between 2000 and 2004 prison rape allegations jumped 200%. Research has shown that both inmates and guards are perpetrators, and until President Bush signed the Prison Rape Elimination Act of 2003, nothing was being done to combat the issue. Some argue that the purpose of incarcerating individuals is to protect the public, not to protect inmates from each other. However the United States Supreme Court ruled that rape in prison constitutes as cruel and unusual punishment, and therefore measures must be taken to eradicate the problem.

Rape in our prison system is very real.

Homosexuals are targeted and forced into prison prostitution. But prison rape is mostly used as a tool to gain a more powerful position in the “prison sexual hierarchy”. One report showed that there were over 60,000 sexual assault allegations throughout the United States prison system in one year. Consider that these were just the attacks reported. The stigma associated with rape, especially male on male rape, quite possibly deters inmates from reporting their attacks. In a prison setting it is important to maintain the “tough guy” front. A sexual assault in prison essentially strips an individual of his manhood, something that is necessary for survival while incarcerated.

Male and female inmates are both perpetrator and victim, and male and female guards are both perpetrator and victim. Juveniles are at the most risk for being sexually assaulted while incarcerated. The Texas DOJ investigated 232 guard-on-inmate rapes resulting in 43 sentences. A national commission on inmate sexual assault found that female guards were also perpetrators who take advantage of male inmates. Some may find this last piece of information difficult to take seriously. Wouldn’t an incarcerated male, who’s probably been without sex for a long time, want to have sex with a woman? This may be the case for some sexual encounters between female guards and male inmates, and although it is rare, it is not the case for all occurrences.

There has been a recent push by legislatures and criminal justice advisors alike for the prisons in the United States to create new means to alleviate this problem. Prisons are encouraged to enforce a zero tolerance policy and to have a regulated system that allows inmates to report occurrences without threat or fear of retaliation. There is also encouragement for better leadership and oversight of this issue. Although these are just suggestions, if prisons do not comply they risk losing their federal funding.

One question we might want to consider is, “Would the allowance of sex between two consenting males in prison help to relieve the sexual tension and frustrations that may be associated with prison rape occurrences?” This thought just sort of sprang out of me, but is it a far-fetched idea? If we could allow and regulate sex in a healthy and sanitary way it may be possible to change the dynamics of sex in prison. Would it be worth a try?