SA victim impact statement laws rewritten to hand power and control back to survivors of crime

Laws that censored survivors of crime who confront their tormentors in court have been rewritten – handing power back to those who were robbed of it.

Victims of crime will finally have the power to speak in court unedited and uncensored – and to decide whether or not their words are made public – under laws to go before parliament early next year.

After an 11-year campaign by advocacy groups, The Advertiser and the Sunday Mail, and a 12-month legislative review, the state government has unveiled its rewrite of victim impact statement laws.

The draft Bill, which will be released for consultation next week, removes the power judges, defence counsel and prosecutors have had for decades to edit the in-court statements.

It balances that change by clarifying a judge’s right to disregard comments that are “irrelevant” to sentencing and to prohibit publication of such material if deemed offensive.

As a result, victims will be able to speak truthfully and without restraint when confronting offenders and ask courts not to release parts of their statements to protect their privacy.

Ron Lillecrapp, brother of murder victim Joanne Lillecrapp, spoke out after his victim impact statement was edited against his wishes. Picture: Brenton Edwards

Joanne Lillecrapp was killed by two women she had befriended, and who betrayed her trust.

The changes have been welcomed by murder victim Joanne Lillecrapp’s brother, Ron, whose statement was edited against his will three times before he gave it in court last year.

Despite Nicole Therese Courcier McGuinness having beheaded, dismembered and defleshed his sibling, Mr Lillecrapp was banned from calling her “a monster”.

“I reckon it’s magic … it finally puts the power where it belongs,” he said.

“If a person is a monster, you can tell them they’re a monster – if they are a mongrel piece of work, you can tell them they’re a mongrel piece of work.

“I think that takes the power away from the perpetrator and everyone else (in court) and makes sure it stays with the victims.”

Victim impact laws have been a point of contention between the judiciary, the legal profession and survivor advocates since 2012.

As currently written, they allow statements to be edited at the request of judges, prosecutors of defence counsel in all criminal cases, up to and including murder.

The laws have been applied inconsistently, meaning some victims have been permitted to speak openly to offenders while others have been censored.

Attorney-General Kyam Maher vowed to reform the victim impact statement laws. Picture: NCA NewsWire / Naomi Jellicoe

After Mr Lillecrapp was repeatedly edited in August last year, The Advertiser published his original victim impact statement in full.

Director of Public Prosecutions Martin Hinton KC subsequently apologised to Mr Lillecrapp, while Attorney-General Kyam Maher announced his review.

On Saturday, Mr Maher said the draft Bill “gave power” to people whose agency and safety had been stolen from them by crime.

“Victims deserve a stronger voice in the sentencing process, and they deserve to be able to have their views expressed as they see fit within the course of the administration of justice,” he said.

Commissioner for Victims’ Rights Sarah Quick said the new laws gave survivors and their families “greater choice, confidence and control” during the court process.

“These reforms ensure victims are afforded this right and can describe the impact of crime in their own words,” she said.

“Crime is a disempowering experience for victims – having the opportunity to explain the harm in their own words can help victims regain some sense of power and control.”