Stalking and domestic abuse victims could influence abusers' sentences as part of justice reforms

Sheriffs would have to take their feelings about the crime into account when deciding what punishment to hand out to perpetrators.

Currently only certain victims of crime are able to provide a victim statement to judges, for example relatives of murder victims, survivors of rape or sexual crimes, victims of housebreaking and racial hate crimes.

Also included in the current group are those who have been victims of fireraising, or certain types of road traffic offences such as death by dangerous driving, or careless driving caused by drink or drugs,.

Statements are intended to give victims or their families a chance to say in their own words how the crime has affected them emotionally, financially or physically.

The scheme was introduced in 2009, with Justice secretary Humza Yousaf now looking to extend it to victims of other types of crimes, including domestic abuse, religiously-aggravated offences, stalking and human trafficking.

Yousaf said the proposals would give victims “the option of having their voice heard” and “to tell their side of the story”.

He explained: “The long-term fall in crime over the last decade means fewer people fall prey to criminals in Scotland, but any experience of a serious crime can be traumatic and the fallout can affect many parts of a victim’s life.

“Victim statements are a way of giving people the option of having their voice heard in court to tell their side of the story – how they and their loved ones have been impacted by the crime.

“For maximum effectiveness the system must keep pace with technology and changes to the criminal law, and we are committed to ensuring the voices of victims are represented as we continue developing victim support.”

Along with extending the scheme to victims of a broader range of crimes, the government is also planning to ask the public their views on methods of taking victim statements.

In 2014, suggestions were made on allowing victims to make statements via pre-recorded video or audio, as opposed to the current method of written statements.

This was ultimately rejected at the time as victim support groups said it may be emotionally challenging for victims to make a video recording or for it to be seen by the accused.

The proposals have been welcomed by Ann Moulds, head of stalking charity Action on Stalking.

She said: "I am delighted to hear the Government is considering allowing victim impact statements from stalking victims to be included as part of sentencing decisions by sheriffs.

"Stalking by its very nature is a victim-defined crime denoted by the damaging impact on its victims and it is this that is the defining criteria of the offence, outlined by legislation.

"When victim impact statements were first introduced as part of sentencing decisions, victims of stalking were excluded in favour of other offences of a psychological and abusive nature. For the courts to deny stalking victims the opportunity to hear how another person's behaviour has impacted on their life, only serves to compound trauma and minimising their experience.

"It is time the impact of stalking is given the same serious consideration as other offences and I fully support the plans to include victims of stalking, to have their voice heard. It is what they deserve."

Currently solemn cases – usually heard in the high court before a jury – are included, but respondents have been asked if they think summary cases – which can be heard in other courts, in front of just a judge or sheriff – should also include victim statements.

The consultation can be viewed from tomorrow, at www.consult.gov.scot

Victims' reaction

One woman said she would welcome the proposals, after suffering domestic abuse for years while in a relationship.

The woman, 26, was beaten, sexually and physically assaulted and emotionally traumatised by Stuart Murray, who was convicted of a string of attacks against three women in January 2018.

Murray was sentenced at the High Court in Glasgow to eight and a half years in prison for his crimes, which took place in Stirling, Tillicoultry, Alloa and Kirkcaldy between 2010 and 2016.

One of his victims said the ability to have a statement considered during sentencing would have helped her during the trial, and may even have helped with the emotional aftermath.

She said: "Something like this would have made a big difference to me.

"I think I would have been able to tell the judge about what he put me through, how it affected me.

"During the trial it seemed to be one-sided, and only focused on certain offences or certain incidents.

"I'd definitely support it. There needs to be more involvement for victims, they need to be listened to and judges have to understand how they have been affected and what the issues have been.

"I think it would have helped emotionally and mentally as well, I would have felt more like I had a voice."

The woman, who was repeatedly mocked and ridiculed by Murray over the course of their relationship, was one of three women who came forward to police with concerns about his behaviour.

One of the other victims had been attacked by the 32-year-old Alloa man while pregnant.

Another woman, who was a victim of stalking over four years before the perpetrator was finally imprisoned, said she would welcome the measures.

The 34-year-old, from Stirling, said she had felt "almost secondary to the case" against her stalker when it came to court earlier this year.

She said: "During the trial I was asked to give evidence of course, but I didn't feel I got to say what I wanted to, as you're very much directed by the lawyers.

"There was a lot more I felt would have been helpful to say about how horrific a nightmare my life has been this whole time, that never really got heard.

"If something like that had been available, I do think it would have helped me deal with what happened."